Appropriations Bill - House Appropriations

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[FULL COMMITTEE PRINT]

Union Calendar No. ll 114TH CONGRESS 2D SESSION

H. R. ll [Report No. 114–ll]

Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2017, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES ll --, 2016 Mr. COLE, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2017, and for other purposes.

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098


2 1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 That the following sums are appropriated, out of any 4 money in the Treasury not otherwise appropriated, for the 5 Departments of Labor, Health and Human Services, and 6 Education, and related agencies for the fiscal year ending 7 September 30, 2017, and for other purposes, namely: 8

TITLE I

9

DEPARTMENT OF LABOR

10

EMPLOYMENT

11

AND

TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

12

For necessary expenses of the Workforce Innovation

13 and Opportunity Act (referred to in this Act as ‘‘WIOA’’), 14 and the Second Chance Act of 2007, $3,177,115,000, plus 15 reimbursements, shall be available. Of the amounts pro16 vided: 17

(1) for grants to States for adult employment

18

and training activities, youth activities, and dis-

19

located worker employment and training activities,

20

$2,729,832,000 as follows:

21

(A) $815,556,000 for adult employment

22

and training activities, of which $103,556,000

23

shall be available for the period July 1, 2017

24

through

June

30,

2018,

and

of

which


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3 1

$712,000,000 shall be available for the period

2

October 1, 2017 through June 30, 2018;

3

(B) $873,416,000 for youth activities,

4

which shall be available for the period April 1,

5

2017 through June 30, 2018; and

6

(C) $1,040,860,000 for dislocated worker

7

employment and training activities, of which

8

$180,860,000 shall be available for the period

9

July 1, 2017 through June 30, 2018, and of

10

which $860,000,000 shall be available for the

11

period October 1, 2017 through June 30, 2018:

12

Provided, That the funds available for allotment to

13

outlying areas to carry out subtitle B of title I of the

14

WIOA shall not be subject to the requirements of

15

section 127(b)(1)(B)(ii) of such Act; and

16

(2) for national programs, $447,283,000 as fol-

17

lows:

18

(A) $120,000,000 for the dislocated work-

19

ers assistance national reserve, which shall be

20

available for the period July 1, 2017 through

21

September 30, 2018: Provided, That funds pro-

22

vided to carry out section 132(a)(2)(A) of the

23

WIOA may be used to provide assistance to a

24

State for statewide or local use in order to ad-

25

dress cases where there have been worker dis-


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4 1

locations across multiple sectors or across mul-

2

tiple local areas and such workers remain dis-

3

located; coordinate the State workforce develop-

4

ment plan with emerging economic development

5

needs; and train such eligible dislocated work-

6

ers: Provided further, That, of the funds pro-

7

vided under this subparagraph, $20,000,000

8

shall be made available for applications sub-

9

mitted in accordance with section 170 of the

10

WIOA for training and employment assistance

11

for workers dislocated from coal mines and

12

coal-fired power plants;

13

(B) $52,000,000 for Native American pro-

14

grams under section 166 of the WIOA, which

15

shall be available for the period April 1, 2017

16

through June 30, 2018;

17

(C) $81,896,000 for migrant and seasonal

18

farmworker programs under section 167 of the

19

WIOA, including $75,885,000 for formula

20

grants (of which not less than 70 percent shall

21

be for employment and training services),

22

$5,517,000 for migrant and seasonal housing

23

(of which not less than 70 percent shall be for

24

permanent housing), and $494,000 for other

25

discretionary purposes, which shall be available


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5 1

for the period April 1, 2017 through June 30,

2

2018: Provided, That notwithstanding any

3

other provision of law or related regulation, the

4

Department of Labor shall take no action lim-

5

iting the number or proportion of eligible par-

6

ticipants receiving related assistance services or

7

discouraging grantees from providing such serv-

8

ices;

9

(D) $84,534,000 for YouthBuild activities

10

as described in section 171 of the WIOA, which

11

shall be available for the period April 1, 2017

12


13

(E) $14,775,000 for technical assistance

14

activities under section 168 of the WIOA, which

15

shall be available for the period July 1, 2017

16


17

(F) $88,078,000 for ex-offender activities,

18

under the authority of section 169 of the WIOA

19

and section 212 of the Second Chance Act of

20

2007, which shall be available for the period

21

April 1, 2017 through June 30, 2018: Provided,

22

That of this amount, $30,000,000 shall be for

23

competitive grants to national and regional

24

intermediaries for activities that prepare young

25

ex-offenders and school dropouts for employ-


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6 1

ment, with a priority for projects serving high-

2

crime, high-poverty areas;

3

(G) $6,000,000 for the Workforce Data

4

Quality Initiative, under the authority of section

5

169 of the WIOA, which shall be available for

6

the period July 1, 2017 through June 30,

7

2018.

8

JOB CORPS

9

(INCLUDING TRANSFER OF FUNDS)

10

To carry out subtitle C of title I of the WIOA, includ-

11 ing Federal administrative expenses, the purchase and 12 hire of passenger motor vehicles, the construction, alter13 ation, and repairs of buildings and other facilities, and the 14 purchase of real property for training centers as author15 ized by the WIOA, $1,700,330,000, plus reimbursements, 16 as follows: 17

(1) $1,583,000,000 for Job Corps Operations,

18

which shall be available for the period July 1, 2017

19


20

(2) $85,000,000 for construction, rehabilitation

21

and acquisition of Job Corps Centers, which shall be

22

available for the period July 1, 2017 through June

23

30, 2020, and which may include the acquisition,

24

maintenance, and repair of major items of equip-

25

ment: Provided, That the Secretary of Labor (re-


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7 1

ferred to in this title as ‘‘Secretary’’) may transfer

2

up to 15 percent of such funds to meet the oper-

3

ational needs of such centers or to achieve adminis-

4

trative efficiencies: Provided further, That any funds

5

transferred pursuant to the preceding proviso shall

6

not be available for obligation after June 30, 2018:

7

Provided further, That the Committees on Appro-

8

priations of the House of Representatives and the

9

Senate are notified at least 15 days in advance of

10

any transfer; and

11

(3) $32,330,000 for necessary expenses of Job

12

Corps, which shall be available for obligation for the

13

period October 1, 2016 through September 30,

14

2017:

15 Provided, That no funds from any other appropriation 16 shall be used to provide meal services at or for Job Corps 17 centers. 18

COMMUNITY SERVICE EMPLOYMENT FOR OLDER

19

AMERICANS

20

To carry out title V of the Older Americans Act of

21 1965 (referred to in this Act as ‘‘OAA’’), $434,371,000, 22 which shall be available for the period April 1, 2017 23 through June 30, 2018, and may be recaptured and reobli24 gated in accordance with section 517(c) of the OAA.


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8 1

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

2

For payments during fiscal year 2017 of trade ad-

3 justment benefit payments and allowances under part I 4 of subchapter B of chapter 2 of title II of the Trade Act 5 of 1974, and section 246 of that Act; and for training, 6 employment and case management services, allowances for 7 job search and relocation, and related State administrative 8 expenses under part II of subchapter B of chapter 2 of 9 title II of the Trade Act of 1974, and including benefit 10 payments, allowances, training, employment and case 11 management services, and related State administration 12 provided pursuant to section 231(a) of the Trade Adjust13 ment Assistance Extension Act of 2011 and section 405(a) 14 of the Trade Preferences Extension Act of 2015, 15 $849,000,000 together with such amounts as may be nec16 essary to be charged to the subsequent appropriation for 17 payments for any period subsequent to September 15, 18 2017: Provided, That notwithstanding section 502 of this 19 Act, any part of the appropriation provided under this 20 heading may remain available for obligation beyond the 21 current fiscal year pursuant to the authorities of section 22 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).


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9 1

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

2

SERVICE OPERATIONS

3

For

authorized

administrative

expenses,

4 $89,066,000, together with not to exceed $3,400,103,000 5 which may be expended from the Employment Security 6 Administration Account in the Unemployment Trust Fund 7 (‘‘the Trust Fund’’), of which: 8

(1) $2,660,019,000 from the Trust Fund is for

9

grants to States for the administration of State un-

10

employment insurance laws as authorized under title

11

III of the Social Security Act (including not less

12

than $120,000,000 to conduct in-person reemploy-

13

ment and eligibility assessments and unemployment

14

insurance improper payment reviews, and to provide

15

reemployment services and referrals to training as

16

appropriate, for claimants of unemployment insur-

17

ance for ex-service members under 5 U.S.C. 8521 et.

18

seq. and for the claimants of regular unemployment

19

compensation who are profiled as most likely to ex-

20

haust their benefits in each State, and $5,000,000

21

for continued support of the Unemployment Insur-

22

ance Integrity Center of Excellence), the administra-

23

tion of unemployment insurance for Federal employ-

24

ees and for ex-service members as authorized under

25

5 U.S.C. 8501–8523, and the administration of


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10 1

trade readjustment allowances, reemployment trade

2

adjustment assistance, and alternative trade adjust-

3

ment assistance under the Trade Act of 1974 and

4

under section 231(a) of the Trade Adjustment As-

5

sistance Extension Act of 2011 and section 405(a)

6

of the Trade Preferences Extension Act of 2015,

7

and shall be available for obligation by the States

8

through December 31, 2017, except that funds used

9

for automation shall be available for Federal obliga-

10

tion through December 31, 2017, and for State obli-

11

gation through September 30, 2019, or, if the auto-

12

mation is being carried out through consortia of

13

States, for State obligation through September 30,

14

2022, and for expenditure through September 30,

15

2023, and funds for competitive grants awarded to

16

States for improved operations and to conduct in-

17

person reemployment and eligibility assessments and

18

unemployment insurance improper payment reviews

19

and provide reemployment services and referrals to

20

training, as appropriate, shall be available for Fed-

21

eral obligation through December 31, 2017, and for

22

obligation by the States through September 30,

23

2019, and funds for the Unemployment Insurance

24

Integrity Center of Excellence shall be available for

25

obligation by the State through September 30, 2018,


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11 1

and funds used for unemployment insurance work-

2

loads experienced by the States through September

3

30, 2017 shall be available for Federal obligation

4

through December 31, 2017;

5

(2) $14,547,000 from the Trust Fund is for na-

6

tional activities necessary to support the administra-

7

tion of the Federal-State unemployment insurance

8

system;

9

(3) $642,771,000 from the Trust Fund, to-

10

gether with $21,413,000 from the General Fund of

11

the Treasury, is for grants to States in accordance

12

with section 6 of the Wagner-Peyser Act, and shall

13

be available for Federal obligation for the period

14

July 1, 2017 through June 30, 2018;

15

(4) $19,818,000 from the Trust Fund is for na-

16

tional activities of the Employment Service, includ-

17

ing administration of the work opportunity tax cred-

18

it under section 51 of the Internal Revenue Code of

19

1986, and the provision of technical assistance and

20

staff training under the Wagner-Peyser Act;

21

(5) $62,948,000 from the Trust Fund is for the

22

administration of foreign labor certifications and re-

23

lated activities under the Immigration and Nation-

24

ality Act and related laws, of which $48,666,000

25

shall be available for the Federal administration of


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12 1

such activities, and $14,282,000 shall be available

2

for grants to States for the administration of such

3

activities; and

4

(6) $67,653,000 from the General Fund is to

5

provide workforce information, national electronic

6

tools, and one-stop system building under the Wag-

7

ner-Peyser Act and shall be available for Federal ob-

8

ligation for the period July 1, 2017 through June

9

30, 2018:

10 Provided, That to the extent that the Average Weekly In11 sured Unemployment (‘‘AWIU’’) for fiscal year 2017 is 12 projected by the Department of Labor to exceed 13 2,453,000, an additional $28,600,000 from the Trust 14 Fund shall be available for obligation for every 100,000 15 increase in the AWIU level (including a pro rata amount 16 for any increment less than 100,000) to carry out title 17 III of the Social Security Act: Provided further, That 18 funds appropriated in this Act that are allotted to a State 19 to carry out activities under title III of the Social Security 20 Act may be used by such State to assist other States in 21 carrying out activities under such title III if the other 22 States include areas that have suffered a major disaster 23 declared by the President under the Robert T. Stafford 24 Disaster Relief and Emergency Assistance Act: Provided 25 further, That the Secretary may use funds appropriated


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13 1 for grants to States under title III of the Social Security 2 Act to make payments on behalf of States for the use of 3 the National Directory of New Hires under section 4 453(j)(8) of such Act: Provided further, That the Sec5 retary may use funds appropriated for grants to States 6 under title III of the Social Security Act to make pay7 ments on behalf of States to the entity operating the State 8 Information Data Exchange System: Provided further, 9 That funds appropriated in this Act which are used to es10 tablish a national one-stop career center system, or which 11 are used to support the national activities of the Federal12 State unemployment insurance, employment service, or 13 immigration programs, may be obligated in contracts, 14 grants, or agreements with States and non-State entities: 15 Provided further, That States awarded competitive grants 16 for improved operations under title III of the Social Secu17 rity Act, or awarded grants to support the national activi18 ties of the Federal-State unemployment insurance system, 19 may award subgrants to other States under such grants, 20 subject to the conditions applicable to the grants: Provided 21 further, That funds appropriated under this Act for activi22 ties authorized under title III of the Social Security Act 23 and the Wagner-Peyser Act may be used by States to fund 24 integrated Unemployment Insurance and Employment 25 Service automation efforts, notwithstanding cost allocation


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14 1 principles prescribed under the final rule entitled ‘‘Uni2 form Administrative Requirements, Cost Principles, and 3 Audit Requirements for Federal Awards’’ at part 200 of 4 title 2, Code of Federal Regulations: Provided further, 5 That the Secretary, at the request of a State participating 6 in a consortium with other States, may reallot funds allot7 ted to such State under title III of the Social Security 8 Act to other States participating in the consortium in 9 order to carry out activities that benefit the administration 10 of the unemployment compensation law of the State mak11 ing the request: Provided further, That the Secretary may 12 collect fees for the costs associated with additional data 13 collection, analyses, and reporting services relating to the 14 National Agricultural Workers Survey requested by State 15 and local governments, public and private institutions of 16 higher education, and nonprofit organizations and may 17 utilize such sums, in accordance with the provisions of 29 18 U.S.C. 9a, for the National Agricultural Workers Survey 19 infrastructure, methodology, and data to meet the infor20 mation collection and reporting needs of such entities, 21 which shall be credited to this appropriation and shall re22 main available until September 30, 2018, for such pur23 poses. 24


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15 1

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

2

OTHER FUNDS

3

For repayable advances to the Unemployment Trust

4 Fund as authorized by sections 905(d) and 1203 of the 5 Social Security Act, and to the Black Lung Disability 6 Trust Fund as authorized by section 9501(c)(1) of the In7 ternal Revenue Code of 1986; and for nonrepayable ad8 vances to the revolving fund established by section 901(e) 9 of the Social Security Act, to the Unemployment Trust 10 Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal 11 Unemployment Benefits and Allowances’’ account, such 12 sums as may be necessary, which shall be available for 13 obligation through September 30, 2018. 14

PROGRAM ADMINISTRATION

15

For expenses of administering employment and train-

16 ing programs, $107,376,000, together with not to exceed 17 $50,365,000 which may be expended from the Employ18 ment Security Administration Account in the Unemploy19 ment Trust Fund. 20

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

21

SALARIES AND EXPENSES

22

For necessary expenses for the Employee Benefits

23 Security Administration, $174,000,000.


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16 1

PENSION BENEFIT GUARANTY CORPORATION

2

PENSION BENEFIT GUARANTY CORPORATION FUND

3

The Pension Benefit Guaranty Corporation (‘‘Cor-

4 poration’’) is authorized to make such expenditures, in5 cluding financial assistance authorized by subtitle E of 6 title IV of the Employee Retirement Income Security Act 7 of 1974, within limits of funds and borrowing authority 8 available to the Corporation, and in accord with law, and 9 to make such contracts and commitments without regard 10 to fiscal year limitations, as provided by 31 U.S.C. 9104, 11 as may be necessary in carrying out the program, includ12 ing associated administrative expenses, through Sep13 tember 30, 2017, for the Corporation: Provided, That 14 none of the funds available to the Corporation for fiscal 15 year 2017 shall be available for obligations for administra16 tive expenses in excess of $421,006,000: Provided further, 17 That not to exceed $98,500,000 shall be available through 18 September 30, 2021, for costs associated with the acquisi19 tion, occupancy, and related costs of headquarters space: 20 Provided further, That to the extent that the number of 21 new plan participants in plans terminated by the Corpora22 tion exceeds 100,000 in fiscal year 2017, an amount not 23 to exceed an additional $9,200,000 shall be available 24 through September 30, 2018, for obligation for adminis25 trative expenses for every 20,000 additional terminated


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17 1 participants: Provided further, That obligations in excess 2 of the amounts provided in this paragraph may be in3 curred for unforeseen and extraordinary pretermination 4 expenses or extraordinary multiemployer program related 5 expenses after approval by the Office of Management and 6 Budget and notification of the Committees on Appropria7 tions of the House of Representatives and the Senate. 8

WAGE

9

AND

HOUR DIVISION


10

For necessary expenses for the Wage and Hour Divi-

11 sion, including reimbursement to State, Federal, and local 12 agencies and their employees for inspection services ren13 dered, $215,500,000. 14

OFFICE

15

OF

LABOR-MANAGEMENT STANDARDS


16

For necessary expenses for the Office of Labor-Man-

17 agement Standards, $41,129,000. 18

OFFICE

OF

FEDERAL CONTRACT COMPLIANCE

19

PROGRAMS

20


21

For necessary expenses for the Office of Federal Con-

22 tract Compliance Programs, $100,500,000.


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18 1

OFFICE

OF

2

WORKERS’ COMPENSATION PROGRAMS SALARIES AND EXPENSES

3

For necessary expenses for the Office of Workers’

4 Compensation Programs, $117,000,000, together with 5 $2,177,000 which may be expended from the Special Fund 6 in accordance with sections 39(c), 44(d), and 44(j) of the 7 Longshore and Harbor Workers’ Compensation Act. 8

SPECIAL BENEFITS

9


10

For the payment of compensation, benefits, and ex-

11 penses (except administrative expenses) accruing during 12 the current or any prior fiscal year authorized by 5 U.S.C. 13 81; continuation of benefits as provided for under the 14 heading ‘‘Civilian War Benefits’’ in the Federal Security 15 Agency Appropriation Act, 1947; the Employees’ Com16 pensation Commission Appropriation Act, 1944; section 17 5(f) of the War Claims Act (50 U.S.C. App. 2004); obliga18 tions incurred under the War Hazards Compensation Act 19 (42 U.S.C. 1701 et seq.); and 50 percent of the additional 20 compensation and benefits required by section 10(h) of the 21 Longshore and Harbor Workers’ Compensation Act, 22 $220,000,000, together with such amounts as may be nec23 essary to be charged to the subsequent year appropriation 24 for the payment of compensation and other benefits for 25 any period subsequent to August 15 of the current year,


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19 1 for deposit into and to assume the attributes of the Em2 ployees’ Compensation Fund established under 5 U.S.C. 3 8147(a): Provided, That amounts appropriated may be 4 used under 5 U.S.C. 8104 by the Secretary to reimburse 5 an employer, who is not the employer at the time of injury, 6 for portions of the salary of a re-employed, disabled bene7 ficiary: Provided further, That balances of reimbursements 8 unobligated on September 30, 2016, shall remain available 9 until expended for the payment of compensation, benefits, 10 and expenses: Provided further, That in addition there 11 shall be transferred to this appropriation from the Postal 12 Service and from any other corporation or instrumentality 13 required under 5 U.S.C. 8147(c) to pay an amount for 14 its fair share of the cost of administration, such sums as 15 the Secretary determines to be the cost of administration 16 for employees of such fair share entities through Sep17 tember 30, 2017: Provided further, That of those funds 18 transferred to this account from the fair share entities to 19 pay the cost of administration of the Federal Employees’ 20 Compensation Act, $63,975,000 shall be made available 21 to the Secretary as follows: 22

(1) For enhancement and maintenance of auto-

23

mated data processing systems operations and tele-

24

communications systems, $22,740,000;


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20 1

(2) For automated workload processing oper-

2

ations, including document imaging, centralized mail

3

intake, and medical bill processing, $22,968,000;

4

(3) For periodic roll disability management and

5

medical review, $16,668,000;

6

(4) For program integrity, $1,401,000; and

7

(5) The remaining funds shall be paid into the

8

Treasury as miscellaneous receipts:

9 Provided further, That the Secretary may require that any 10 person filing a notice of injury or a claim for benefits 11 under 5 U.S.C. 81, or the Longshore and Harbor Work12 ers’ Compensation Act, provide as part of such notice and 13 claim, such identifying information (including Social Secu14 rity account number) as such regulations may prescribe. 15

SPECIAL BENEFITS FOR DISABLED COAL MINERS

16

For carrying out title IV of the Federal Mine Safety

17 and Health Act of 1977, as amended by Public Law 107– 18 275, $61,319,000, to remain available until expended. 19

For making after July 31 of the current fiscal year,

20 benefit payments to individuals under title IV of such Act, 21 for costs incurred in the current fiscal year, such amounts 22 as may be necessary. 23

For making benefit payments under title IV for the

24 first quarter of fiscal year 2018, $16,000,000, to remain 25 available until expended.


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21 1

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

2

OCCUPATIONAL ILLNESS COMPENSATION FUND

3

For necessary expenses to administer the Energy

4 Employees Occupational Illness Compensation Program 5 Act, $59,846,000, to remain available until expended: Pro6 vided, That the Secretary may require that any person fil7 ing a claim for benefits under the Act provide as part of 8 such claim such identifying information (including Social 9 Security account number) as may be prescribed. 10

BLACK LUNG DISABILITY TRUST FUND

11


12

Such sums as may be necessary from the Black Lung

13 Disability Trust Fund (the ‘‘Fund’’), to remain available 14 until expended, for payment of all benefits authorized by 15 section 9501(d)(1), (2), (6), and (7) of the Internal Rev16 enue Code of 1986; and repayment of, and payment of 17 interest on advances, as authorized by section 9501(d)(4) 18 of that Act. In addition, the following amounts may be 19 expended from the Fund for fiscal year 2017 for expenses 20 of operation and administration of the Black Lung Bene21 fits program, as authorized by section 9501(d)(5): not to 22 exceed $38,246,000 for transfer to the Office of Workers’ 23 Compensation Programs, ‘‘Salaries and Expenses’’; not to 24 exceed $31,994,000 for transfer to Departmental Manage25 ment, ‘‘Salaries and Expenses’’; not to exceed $330,000


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098


22 1 for transfer to Departmental Management, ‘‘Office of In2 spector General’’; and not to exceed $356,000 for pay3 ments into miscellaneous receipts for the expenses of the 4 Department of the Treasury. 5 OCCUPATIONAL SAFETY 6

AND

HEALTH ADMINISTRATION


7

For necessary expenses for the Occupational Safety

8 and Health Administration, $534,442,000, including not 9 to exceed $102,000,000 which shall be the maximum 10 amount available for grants to States under section 23(g) 11 of the Occupational Safety and Health Act (the ‘‘Act’’), 12 which grants shall be no less than 50 percent of the costs 13 of State occupational safety and health programs required 14 to be incurred under plans approved by the Secretary 15 under section 18 of the Act; and, in addition, notwith16 standing 31 U.S.C. 3302, the Occupational Safety and 17 Health Administration may retain up to $499,000 per fis18 cal year of training institute course tuition and fees, other19 wise authorized by law to be collected, and may utilize 20 such sums for occupational safety and health training and 21 education: Provided, That notwithstanding 31 U.S.C. 22 3302, the Secretary is authorized, during the fiscal year 23 ending September 30, 2017, to collect and retain fees for 24 services provided to Nationally Recognized Testing Lab25 oratories, and may utilize such sums, in accordance with


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23 1 the provisions of 29 U.S.C. 9a, to administer national and 2 international laboratory recognition programs that ensure 3 the safety of equipment and products used by workers in 4 the workplace: Provided further, That none of the funds 5 appropriated under this paragraph shall be obligated or 6 expended to prescribe, issue, administer, or enforce any 7 standard, rule, regulation, or order under the Act which 8 is applicable to any person who is engaged in a farming 9 operation which does not maintain a temporary labor 10 camp and employs 10 or fewer employees: Provided fur11 ther, That no funds appropriated under this paragraph 12 shall be obligated or expended to administer or enforce 13 any standard, rule, regulation, or order under the Act with 14 respect to any employer of 10 or fewer employees who is 15 included within a category having a Days Away, Re16 stricted, or Transferred (‘‘DART’’) occupational injury 17 and illness rate, at the most precise industrial classifica18 tion code for which such data are published, less than the 19 national average rate as such rates are most recently pub20 lished by the Secretary, acting through the Bureau of 21 Labor Statistics, in accordance with section 24 of the Act, 22 except— 23

(1) to provide, as authorized by the Act, con-

24

sultation, technical assistance, educational and train-

25

ing services, and to conduct surveys and studies;


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24 1

(2) to conduct an inspection or investigation in

2

response to an employee complaint, to issue a cita-

3

tion for violations found during such inspection, and

4

to assess a penalty for violations which are not cor-

5

rected within a reasonable abatement period and for

6

any willful violations found;

7

(3) to take any action authorized by the Act

8

with respect to imminent dangers;

9


10

with respect to health hazards;

11


12

with respect to a report of an employment accident

13

which is fatal to one or more employees or which re-

14

sults in hospitalization of two or more employees,

15

and to take any action pursuant to such investiga-

16

tion authorized by the Act; and

17


18

with respect to complaints of discrimination against

19

employees for exercising rights under the Act:

20 Provided further, That the foregoing proviso shall not 21 apply to any person who is engaged in a farming operation 22 which does not maintain a temporary labor camp and em23 ploys 10 or fewer employees.


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25 1

MINE SAFETY

2

AND

HEALTH ADMINISTRATION


3

For necessary expenses for the Mine Safety and

4 Health Administration, $350,500,000, including purchase 5 and bestowal of certificates and trophies in connection 6 with mine rescue and first-aid work, and the hire of pas7 senger motor vehicles, including up to $2,000,000 for 8 mine rescue and recovery activities and not less than 9 $10,537,000 for State assistance grants: Provided, That 10 amounts available for State assistance grants may be used 11 for the purchase and maintenance of new equipment re12 quired by the final rule entitled ‘‘Lowering Miners’ Expo13 sure to Respirable Coal Mine Dust, Including Continuous 14 Personal Dust Monitors’’ published by the Department of 15 Labor in the Federal Register on May 1, 2014 (79 Fed. 16 Reg. 24813 et seq.), for operators that demonstrate finan17 cial need as determined by the Secretary: Provided further, 18 That notwithstanding 31 U.S.C. 3302, not to exceed 19 $750,000 may be collected by the National Mine Health 20 and Safety Academy for room, board, tuition, and the sale 21 of training materials, otherwise authorized by law to be 22 collected, to be available for mine safety and health edu23 cation and training activities: Provided further, That not24 withstanding 31 U.S.C. 3302, the Mine Safety and Health 25 Administration is authorized to collect and retain up to


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26 1 $2,499,000 from fees collected for the approval and cer2 tification of equipment, materials, and explosives for use 3 in mines, and may utilize such sums for such activities: 4 Provided further, That the Secretary is authorized to ac5 cept lands, buildings, equipment, and other contributions 6 from public and private sources and to prosecute projects 7 in cooperation with other agencies, Federal, State, or pri8 vate: Provided further, That the Mine Safety and Health 9 Administration is authorized to promote health and safety 10 education and training in the mining community through 11 cooperative programs with States, industry, and safety as12 sociations: Provided further, That the Secretary is author13 ized to recognize the Joseph A. Holmes Safety Association 14 as a principal safety association and, notwithstanding any 15 other provision of law, may provide funds and, with or 16 without reimbursement, personnel, including service of 17 Mine Safety and Health Administration officials as offi18 cers in local chapters or in the national organization: Pro19 vided further, That any funds available to the Department 20 of Labor may be used, with the approval of the Secretary, 21 to provide for the costs of mine rescue and survival oper22 ations in the event of a major disaster.


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27 1

BUREAU

2

OF

LABOR STATISTICS


3

For necessary expenses for the Bureau of Labor Sta-

4 tistics, including advances or reimbursements to State, 5 Federal, and local agencies and their employees for serv6 ices rendered, $544,000,000, together with not to exceed 7 $65,000,000 which may be expended from the Employ8 ment Security Administration account in the Unemploy9 ment Trust Fund. 10

OFFICE

11

OF

DISABILITY EMPLOYMENT POLICY


12

For necessary expenses for the Office of Disability

13 Employment Policy to provide leadership, develop policy 14 and initiatives, and award grants furthering the objective 15 of eliminating barriers to the training and employment of 16 people with disabilities, $38,203,000. 17

DEPARTMENTAL MANAGEMENT

18


19


20

For necessary expenses for Departmental Manage-

21 ment, including the hire of three passenger motor vehicles, 22 $280,879,000, together with not to exceed $308,000, 23 which may be expended from the Employment Security 24 Administration account in the Unemployment Trust 25 Fund: Provided, That funds available to the Bureau of


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28 1 International Labor Affairs may be used to administer or 2 operate international labor activities, bilateral and multi3 lateral technical assistance, and microfinance programs, 4 by or through contracts, grants, subgrants and other ar5 rangements: Provided further, That $9,000,000 shall be 6 used for program evaluation and shall be available for obli7 gation through September 30, 2018: Provided further, 8 That funds available for program evaluation may be used 9 to administer grants for the purpose of evaluation: Pro10 vided further, That grants made for the purpose of evalua11 tion shall be awarded through fair and open competition: 12 Provided further, That funds available for program evalua13 tion may be transferred to any other appropriate account 14 in the Department for such purpose: Provided further, 15 That the Committees on Appropriations of the House of 16 Representatives and the Senate are notified at least 15 17 days in advance of any transfer: Provided further, That 18 the funds available to the Women’s Bureau may be used 19 for grants to serve and promote the interests of women 20 in the workforce: Provided further, That of the amounts 21 made available to the Women’s Bureau, up to $1,244,000 22 may be used for grants authorized by the Women in Ap23 prenticeship and Nontraditional Occupations Act.


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29 1

VETERANS EMPLOYMENT AND TRAINING

2

Not to exceed $235,520,000 may be derived from the

3 Employment Security Administration account in the Un4 employment Trust Fund to carry out the provisions of 5 chapters 41, 42, and 43 of title 38, United States Code, 6 of which: 7

(1) $175,000,000 is for Jobs for Veterans State

8

grants under 38 U.S.C. 4102A(b)(5) to support dis-

9

abled veterans’ outreach program specialists under

10

section 4103A of such title and local veterans’ em-

11

ployment representatives under section 4104(b) of

12

such title, and for the expenses described in section

13

4102A(b)(5)(C), which shall be available for obliga-

14

tion by the States through December 31, 2017, and

15

not to exceed 3 percent for the necessary Federal ex-

16

penditures for data systems and contract support to

17

allow for the tracking of participant and perform-

18

ance information: Provided, That, in addition, such

19

funds may be used to support such specialists and

20

representatives in the provision of services to

21

transitioning members of the Armed Forces who

22

have participated in the Transition Assistance Pro-

23

gram and have been identified as in need of inten-

24

sive services, to members of the Armed Forces who

25

are wounded, ill, or injured and receiving treatment


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30 1

in military treatment facilities or warrior transition

2

units, and to the spouses or other family caregivers

3

of such wounded, ill, or injured members;

4

(2) $14,600,000 is for carrying out the Transi-

5

tion Assistance Program under 38 U.S.C. 4113 and

6

10 U.S.C. 1144;

7

(3) $42,506,000 is for Federal administration

8

of chapters 41, 42, and 43 of title 38, United States

9

Code; and

10

(4) $3,414,000 is for the National Veterans’

11

Employment and Training Services Institute under

12

38 U.S.C. 4109:

13 Provided, That the Secretary may reallocate among the 14 appropriations provided under paragraphs (1) through (4) 15 above an amount not to exceed 3 percent of the appropria16 tion from which such reallocation is made. 17

In addition, from the General Fund of the Treasury,

18 $50,000,000 is for carrying out programs to assist home19 less veterans and veterans at risk of homelessness who are 20 transitioning from certain institutions under sections 21 2021, 2021A, and 2023 of title 38, United States Code: 22 Provided, That notwithstanding subsections (c)(3) and (d) 23 of section 2023, the Secretary may award grants through 24 September 30, 2017, to provide services under such sec25 tion: Provided further, That services provided under sec-


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31 1 tion 2023 may include, in addition to services to the indi2 viduals described in subsection (e) of such section, services 3 to veterans recently released from incarceration who are 4 at risk of homelessness. 5

IT MODERNIZATION

6

For necessary expenses for Department of Labor cen-

7 tralized infrastructure technology investment activities re8 lated to support systems and modernization, $33,698,000. 9

OFFICE OF INSPECTOR GENERAL

10

For salaries and expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector 12 General Act of 1978, $85,840,000, together with not to 13 exceed $5,660,000 which may be expended from the Em14 ployment Security Administration account in the Unem15 ployment Trust Fund. 16

GENERAL PROVISIONS

17

SEC. 101. None of the funds appropriated by this Act

18 for the Job Corps shall be used to pay the salary and bo19 nuses of an individual, either as direct costs or any prora20 tion as an indirect cost, at a rate in excess of Executive 21 Level II. 22

(TRANSFER OF FUNDS)

23

SEC. 102. Not to exceed 1 percent of any discre-

24 tionary funds (pursuant to the Balanced Budget and 25 Emergency Deficit Control Act of 1985) which are appro-


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32 1 priated for the current fiscal year for the Department of 2 Labor in this Act may be transferred between a program, 3 project, or activity, but no such program, project, or activ4 ity shall be increased by more than 3 percent by any such 5 transfer: Provided, That the transfer authority granted by 6 this section shall not be used to create any new program 7 or to fund any project or activity for which no funds are 8 provided in this Act: Provided further, That the Commit9 tees on Appropriations of the House of Representatives 10 and the Senate are notified at least 15 days in advance 11 of any transfer. 12

SEC. 103. In accordance with Executive Order

13 13126, none of the funds appropriated or otherwise made 14 available pursuant to this Act shall be obligated or ex15 pended for the procurement of goods mined, produced, 16 manufactured, or harvested or services rendered, in whole 17 or in part, by forced or indentured child labor in industries 18 and host countries already identified by the United States 19 Department of Labor prior to enactment of this Act. 20

SEC. 104. None of the funds made available to the

21 Department of Labor for grants under section 414(c) of 22 the American Competitiveness and Workforce Improve23 ment Act of 1998 may be used for any purpose other than 24 competitive grants for training individuals over the age of 25 16 who are not currently enrolled in school within a local


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33 1 educational agency in the occupations and industries for 2 which employers are using H–1B visas to hire foreign 3 workers, and the related activities necessary to support 4 such training: Provided, That the preceding limitation 5 shall not apply to funding provided pursuant to solicita6 tions for grant applications issued prior to January 15, 7 2014. 8

SEC. 105. None of the funds made available by this

9 Act under the heading ‘‘Employment and Training Ad10 ministration’’ shall be used by a recipient or subrecipient 11 of such funds to pay the salary and bonuses of an indi12 vidual, either as direct costs or indirect costs, at a rate 13 in excess of Executive Level II. This limitation shall not 14 apply to vendors providing goods and services as defined 15 in Office of Management and Budget Circular A–133. 16 Where States are recipients of such funds, States may es17 tablish a lower limit for salaries and bonuses of those re18 ceiving salaries and bonuses from subrecipients of such 19 funds, taking into account factors including the relative 20 cost-of-living in the State, the compensation levels for 21 comparable State or local government employees, and the 22 size of the organizations that administer Federal pro23 grams involved including Employment and Training Ad24 ministration programs.


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34 1

(TRANSFER OF FUNDS)

2

SEC. 106. Notwithstanding section 102, the Sec-

3 retary may transfer funds made available to the Employ4 ment and Training Administration by this Act, either di5 rectly or through a set-aside, for technical assistance serv6 ices to grantees to ‘‘Program Administration’’ when it is 7 determined that those services will be more efficiently per8 formed by Federal employees: Provided, That this section 9 shall not apply to section 171 of the WIOA. 10

(TRANSFER OF FUNDS)

11

SEC. 107. (a) The Secretary may reserve not more

12 than 0.75 percent from each appropriation made available 13 in this Act identified in subsection (b) in order to carry 14 out evaluations of any of the programs or activities that 15 are funded under such accounts. Any funds reserved under 16 this section shall be transferred to ‘‘Departmental Man17 agement’’ for use by the Office of the Chief Evaluation 18 Officer within the Department of Labor, and shall be 19 available for obligation through September 30, 2018: Pro20 vided, That such funds shall only be available if the Chief 21 Evaluation Officer of the Department of Labor submits 22 a plan to the Committees on Appropriations of the House 23 of Representatives and the Senate describing the evalua24 tions to be carried out 15 days in advance of any transfer.


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35 1

(b) The accounts referred to in subsection (a) are:

2 ‘‘Training and Employment Services’’, ‘‘Job Corps’’, 3 ‘‘Community Service Employment for Older Americans’’, 4 ‘‘State Unemployment Insurance and Employment Service 5 Operations’’, ‘‘Employee Benefits Security Administra6 tion’’, ‘‘Office of Workers’ Compensation Programs’’, 7 ‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract 8 Compliance Programs’’, ‘‘Office of Labor Management 9 Standards’’, ‘‘Occupational Safety and Health Adminis10 tration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Of11 fice of Disability Employment Policy’’, funding made 12 available to the ‘‘Bureau of International Labor Affairs’’ 13 and ‘‘Women’s Bureau’’ within the ‘‘Departmental Man14 agement, Salaries and Expenses’’ account, and ‘‘Veterans 15 Employment and Training’’. 16

SEC. 108. Notwithstanding any other provision of

17 law, beginning October 1, 2016, the Secretary of Labor, 18 in consultation with the Secretary of Agriculture may se19 lect an entity to operate a Civilian Conservation Center 20 on a competitive basis in accordance with section 147 of 21 the WIOA, if the Secretary of Labor determines such Cen22 ter has had consistently low performance under the per23 formance accountability system in effect for the Job Corps 24 program prior to July 1, 2016, or with respect to expected


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36 1 levels of performance established under section 159(c) of 2 such Act beginning July 1, 2016. 3


4 or any other Act providing funding for the Bureau of 5 Land Management, National Park Service, and the Forest 6 Service may be used to implement, administer, or enforce 7 the Establishing a Minimum Wage for Contractors regula8 tion published by the Department of Labor in the Federal 9 Register on October 7, 2014 (79 Fed. Reg. 60634 et seq.), 10 with respect to Federal contracts, permits, or other con11 tract-like instruments entered into with the Federal Gov12 ernment in connection with Federal property or lands, spe13 cifically related to offering seasonal recreational services 14 or seasonal recreation equipment rental for the general 15 public: Provided, That this section shall not apply to lodg16 ing and food services associated with seasonal recreation 17 services. 18


19 law, no rule issued by the Department of Labor pursuant 20 to the Employee Retirement Income Security Act of 1974 21 regarding the Definition of the Term ‘‘Fiduciary’’; Con22 flict of Interest Rule-Retirement Investment Advice, in23 cluding the final rule published by the Department of 24 Labor in the Federal Register on April 8, 2016 (81 Fed.


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37 1 Reg. 20945 et seq.), shall have an effective date or have 2 any legal effect. 3


4 Act may be used to implement, administer, or enforce the 5 final rule entitled ‘‘Defining and Delimiting the Exemp6 tions for Executive, Administrative, Professional, Outside 7 Sales and Computer Employees’’ published by the Depart8 ment of Labor in the Federal Register on May 23, 2016 9 (81 Fed. Reg. 32391 et seq.). 10

SEC. 112. (a) FLEXIBILITY WITH RESPECT

TO THE

11 CROSSING OF H–2B NONIMMIGRANTS.— 12

(1) IN

GENERAL.—Subject

to paragraph (2), if

13

a petition for H–2B nonimmigrants filed by an em-

14

ployer is granted, the employer may bring the non-

15

immigrants described in the petition into the United

16

States at any time during the 120-day period begin-

17

ning on the start date for which the employer is

18

seeking the services of the nonimmigrants without

19

filing another petition.

20

(2) REQUIREMENTS

FOR

CROSSINGS

AFTER

21

90TH DAY.—An

22

immigrants into the United States after the date

23

that is 90 days after the start date for which the

24

employer is seeking the services of the non-

25

immigrants unless the employer—

employer may not bring H–2B non-


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38 1

(A) completes a new assessment of the

2

local labor market by—

3

(i) listing job orders in local news-

4

papers on 2 separate Sundays; and

5

(ii) posting the job opportunity on the

6

appropriate Department of Labor Elec-

7

tronic Job Registry and at the employer’s

8

place of employment; and

9

(B) offers the job to an equally or better

10

qualified United States worker who—

11

(i) applies for the job; and

12

(ii) will be available at the time and

13

place of need.

14

(3) EXEMPTION

FROM RULES WITH RESPECT

15

TO STAGGERING.—The

16

consider an employer who brings H–2B non-

17

immigrants into the United States during the 120-

18

day period specified in paragraph (1) to be stag-

19

gering the date of need in violation of section

20

655.20(d) of title 20, Code of Federal Regulations,

21

or any other applicable provision of law.

22

(b) H–2B NONIMMIGRANTS DEFINED.—In this sec-

Secretary of Labor shall not

23 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad24 mitted to the United States pursuant to section


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39 1 101(a)(15)(H)(ii)(b) of the Immigration and Nationality 2 Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 3

SEC. 113. The determination of prevailing wage for

4 the purposes of the H–2B program shall be the greater 5 of—(1) the actual wage level paid by the employer to other 6 employees with similar experience and qualifications for 7 such position in the same location; or (2) the prevailing 8 wage level for the occupational classification of the posi9 tion in the geographic area in which the H–2B non10 immigrant will be employed, based on the best information 11 available at the time of filing the petition. In the deter12 mination of prevailing wage for the purposes of the H– 13 2B program, the Secretary shall accept private wage sur14 veys even in instances where Occupational Employment 15 Statistics survey data are available unless the Secretary 16 determines that the methodology and data in the provided 17 survey are not statistically supported. 18

(RESCISSION)

19

SEC. 114. Of the funds made available under the

20 heading ‘‘Employment and Training Administration– 21 Training and Employment Services’’ in division H of Pub22 lic Law 114-113, $200,000,000 is rescinded, to be derived 23 from the amount made available in paragraph (2)(A) 24 under such heading for the period October 1, 2016, 25 through September 30, 2017.


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40 1

This title may be cited as the ‘‘Department of Labor

2 Appropriations Act, 2017’’. 3

TITLE II

4

DEPARTMENT OF HEALTH AND HUMAN

5

SERVICES

6

HEALTH RESOURCES

7

AND

SERVICES ADMINISTRATION

PRIMARY HEALTH CARE

8

For carrying out titles II and III of the Public Health

9 Service Act (referred to in this Act as the ‘‘PHS Act’’) 10 with respect to primary health care and the Native Hawai11 ian Health Care Act of 1988, $1,491,822,000: Provided, 12 That no more than $400,000 shall be available until ex13 pended for carrying out the provisions of section 224(o) 14 of the PHS Act: Provided further, That no more than 15 $99,893,000 shall be available until expended for carrying 16 out the provisions of Public Law 104–73 and for expenses 17 incurred by the Department of Health and Human Serv18 ices (referred to in this Act as ‘‘HHS’’) pertaining to ad19 ministrative claims made under such law. 20

HEALTH WORKFORCE

21

For carrying out titles III, VII, and VIII of the PHS

22 Act with respect to the health workforce, sections 1128E 23 and 1921 of the Social Security Act, and the Health Care 24 Quality Improvement Act of 1986, $823,706,000: Pro25 vided, That sections 747(c)(2), 751(j)(2), 762(k), and the


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41 1 proportional funding amounts in paragraphs (1) through 2 (4) of section 756(e) of the PHS Act shall not apply to 3 funds made available under this heading: Provided further, 4 That for any program operating under section 751 of the 5 PHS Act on or before January 1, 2009, the Secretary of 6 Health and Human Services (referred to in this title as 7 the ‘‘Secretary’’) may hereafter waive any of the require8 ments

contained

in

sections

751(d)(2)(A)

and

9 751(d)(2)(B) of such Act for the full project period of a 10 grant under such section: Provided further, That no funds 11 shall be available for section 340G–1 of the PHS Act: Pro12 vided further, That fees collected for the disclosure of in13 formation under section 427(b) of the Health Care Quality 14 Improvement Act of 1986 and sections 1128E(d)(2) and 15 1921 of the Social Security Act shall be sufficient to re16 cover the full costs of operating the programs authorized 17 by such sections and shall remain available until expended 18 for the National Practitioner Data Bank: Provided further, 19 That funds transferred to this account to carry out section 20 846 and subpart 3 of part D of title III of the PHS Act 21 may be used to make prior year adjustments to awards 22 made under such sections. 23

MATERNAL AND CHILD HEALTH

24

For carrying out titles III, XI, XII, and XIX of the

25 PHS Act with respect to maternal and child health, title


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42 1 V of the Social Security Act, and section 712 of the Amer2 ican Jobs Creation Act of 2004, $845,117,000: Provided, 3 That notwithstanding sections 502(a)(1) and 502(b)(1) of 4 the Social Security Act, not more than $77,093,000 shall 5 be available for carrying out special projects of regional 6 and national significance pursuant to section 501(a)(2) of 7 such Act and $10,276,000 shall be available for projects 8 described in subparagraphs (A) through (F) of section 9 501(a)(3) of such Act. 10

RYAN WHITE HIV/AIDS PROGRAM

11

For carrying out title XXVI of the PHS Act with

12 respect

to

the

Ryan

White

HIV/AIDS

program,

13 $2,322,781,000, of which $1,970,881,000 shall remain 14 available to the Secretary through September 30, 2019, 15 for parts A and B of title XXVI of the PHS Act, and 16 of which not less than $900,313,000 shall be for State 17 AIDS Drug Assistance Programs under the authority of 18 section 2616 or 311(c) of such Act. 19

HEALTH CARE SYSTEMS

20

For carrying out titles III and XII of the PHS Act

21 with respect to health care systems, and the Stem Cell 22 Therapeutic and Research Act of 2005, $109,193,000, of 23 which $122,000 shall be available until expended for facili24 ties renovations at the Gillis W. Long Hansen’s Disease 25 Center.


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43 1

RURAL HEALTH

2

For carrying out titles III and IV of the PHS Act

3 with respect to rural health, section 427(a) of the Federal 4 Coal Mine Health and Safety Act of 1969, and sections 5 711 and 1820 of the Social Security Act, $169,571,000, 6 of which $45,609,000 from general revenues, notwith7 standing section 1820(j) of the Social Security Act, shall 8 be available for carrying out the Medicare rural hospital 9 flexibility grants program: Provided, That of the funds 10 made available under this heading for Medicare rural hos11 pital flexibility grants, $14,942,000 shall be available for 12 the Small Rural Hospital Improvement Grant Program 13 for quality improvement and adoption of health informa14 tion technology and up to $1,000,000 shall be to carry 15 out section 1820(g)(6) of the Social Security Act, with 16 funds provided for grants under section 1820(g)(6) avail17 able for the purchase and implementation of telehealth 18 services, including pilots and demonstrations on the use 19 of electronic health records to coordinate rural veterans 20 care between rural providers and the Department of Vet21 erans Affairs electronic health record system: Provided 22 further, That notwithstanding section 338J(k) of the PHS 23 Act, $10,511,000 shall be available for State Offices of 24 Rural Health.


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44 1

PROGRAM MANAGEMENT

2

For program support in the Health Resources and

3 Services Administration, $155,000,000: Provided, That 4 funds made available under this heading may be used to 5 supplement program support funding provided under the 6 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 7 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS 8 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 9

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

10

For payments from the Vaccine Injury Compensation

11 Program Trust Fund (the ‘‘Trust Fund’’), such sums as 12 may be necessary for claims associated with vaccine-re13 lated injury or death with respect to vaccines administered 14 after September 30, 1988, pursuant to subtitle 2 of title 15 XXI of the PHS Act, to remain available until expended: 16 Provided, That for necessary administrative expenses, not 17 to exceed $8,350,000 shall be available from the Trust 18 Fund to the Secretary. 19

CENTERS

20

FOR

DISEASE CONTROL

AND

PREVENTION

IMMUNIZATION AND RESPIRATORY DISEASES

21

For carrying out titles II, III, XVII, and XXI, and

22 section 2821 of the PHS Act, titles II and IV of the Immi23 gration and Nationality Act, and section 501 of the Ref24 ugee Education Assistance Act, with respect to immuniza25 tion and respiratory diseases, $410,766,000.


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45 1

HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

2

DISEASES, AND TUBERCULOSIS PREVENTION

3

For carrying out titles II, III, XVII, and XXIII of

4 the PHS Act with respect to HIV/AIDS, viral hepatitis, 5 sexually transmitted diseases, and tuberculosis prevention, 6 $1,122,278,000. 7

EMERGING AND ZOONOTIC INFECTIOUS DISEASES

8

For carrying out titles II, III, and XVII, and section

9 2821 of the PHS Act, titles II and IV of the Immigration 10 and Nationality Act, and section 501 of the Refugee Edu11 cation Assistance Act, with respect to emerging and 12 zoonotic infectious diseases, $625,522,000. 13

CHRONIC DISEASE PREVENTION AND HEALTH

14

PROMOTION

15

For carrying out titles II, III, XI, XV, XVII, and

16 XIX of the PHS Act with respect to chronic disease pre17 vention and health promotion, $896,321,000: Provided, 18 That funds appropriated under this account may be avail19 able for making grants under section 1509 of the PHS 20 Act for not less than 21 States, tribes, or tribal organiza21 tions: Provided further, That of the funds available under 22 this heading, $10,000,000 shall be available to continue 23 and expand community specific extension and outreach 24 programs to combat obesity in counties with the highest 25 levels of obesity: Provided further, That the proportional


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46 1 funding requirements under section 1503(a) of the PHS 2 Act shall not apply to funds made available under this 3 heading. 4

BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES,

5

DISABILITIES AND HEALTH

6

For carrying out titles II, III, XI, and XVII of the

7 PHS Act with respect to birth defects, developmental dis8 abilities, disabilities and health, $135,310,000. 9

PUBLIC HEALTH SCIENTIFIC SERVICES

10

For carrying out titles II, III, and XVII of the PHS

11 Act with respect to health statistics, surveillance, health 12 informatics, and workforce development, $485,397,000. 13

ENVIRONMENTAL HEALTH

14


15 Act with respect to environmental health, $143,300,000. 16

INJURY PREVENTION AND CONTROL

17


18 Act with respect to injury prevention and control, 19 $261,059,000: Provided, That of the funds provided under 20 this heading, $90,000,000 shall be available for an evi21 dence-based opioid drug overdose prevention program. 22

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

23

HEALTH

24


25 Act, sections 101, 102, 103, 201, 202, 203, 301, and 501


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47 1 of the Federal Mine Safety and Health Act, section 13 2 of the Mine Improvement and New Emergency Response 3 Act, and sections 20, 21, and 22 of the Occupational Safe4 ty and Health Act, with respect to occupational safety and 5 health, $329,100,000. 6

ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

7

COMPENSATION PROGRAM

8

For necessary expenses to administer the Energy

9 Employees Occupational Illness Compensation Program 10 Act, $55,358,000, to remain available until expended: Pro11 vided, That this amount shall be available consistent with 12 the provision regarding administrative expenses in section 13 151(b) of division B, title I of Public Law 106–554. 14

GLOBAL HEALTH

15


16 Act with respect to global health, $556,721,000, of which 17 $128,421,000 for international HIV/AIDS shall remain 18 available through September 30, 2018: Provided, That 19 funds may be used for purchase and insurance of official 20 motor vehicles in foreign countries. 21

PUBLIC HEALTH PREPAREDNESS AND RESPONSE

22


23 Act with respect to public health preparedness and re24 sponse, and for expenses necessary to support activities 25 related to countering potential biological, nuclear, radio-


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48 1 logical, and chemical threats to civilian populations, 2 $1,485,800,000, of which $610,000,000 shall remain 3 available until expended for the Strategic National Stock4 pile: Provided, That in the event the Director of the CDC 5 activates the Emergency Operations Center, the Director 6 of the CDC may detail CDC staff without reimbursement 7 for up to 90 days to support the work of the CDC Emer8 gency Operations Center, so long as the Director provides 9 a notice to the Committees on Appropriations of the 10 House of Representatives and the Senate within 15 days 11 of the use of this authority and a full report within 30 12 days after use of this authority which includes the number 13 of staff and funding level broken down by the originating 14 center and number of days detailed: Provided further, 15 That funds appropriated under this heading may be used 16 to support a contract for the operation and maintenance 17 of an aircraft in direct support of activities throughout 18 CDC to ensure the agency is prepared to address public 19 health preparedness emergencies. 20

BUILDINGS AND FACILITIES

21


22

For acquisition of real property, equipment, construc-

23 tion, demolition, and renovation of facilities, $10,000,000, 24 which shall remain available until September 30, 2021: 25 Provided, That funds previously set-aside by CDC for re-


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49 1 pair and upgrade of the Lake Lynn Experimental Mine 2 and Laboratory shall be used to acquire a replacement 3 mine safety research facility: Provided further, That in ad4 dition, the prior year unobligated balance of any amounts 5 assigned to former employees in accounts of CDC made 6 available for Individual Learning Accounts shall be cred7 ited to and merged with the amounts made available under 8 this heading to support the replacement of the mine safety 9 research facility. 10

CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

11

For carrying out titles II, III, XVII and XIX, and

12 section 2821 of the PHS Act and for cross-cutting activi13 ties and program support for activities funded in other 14 appropriations included in this Act for the Centers for 15 Disease Control and Prevention, $413,570,000: Provided, 16 That paragraphs (1) through (3) of subsection (b) of sec17 tion 2821 of the PHS Act shall not apply to funds appro18 priated under this heading and in all other accounts of 19 the CDC: Provided further, That employees of CDC or the 20 Public Health Service, both civilian and commissioned of21 ficers, detailed to States, municipalities, or other organiza22 tions under authority of section 214 of the PHS Act, or 23 in overseas assignments, shall be treated as non-Federal 24 employees for reporting purposes only and shall not be in25 cluded within any personnel ceiling applicable to the Agen-


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50 1 cy, Service, or HHS during the period of detail or assign2 ment: Provided further, That CDC may use up to $10,000 3 from amounts appropriated to CDC in this Act for official 4 reception and representation expenses when specifically 5 approved by the Director of CDC: Provided further, That 6 in addition, such sums as may be derived from authorized 7 user fees, which shall be credited to the appropriation 8 charged with the cost thereof: Provided further, That with 9 respect to the previous proviso, authorized user fees from 10 the Vessel Sanitation Program and the Respirator Certifi11 cation Program shall be available through September 30, 12 2018: Provided further, That of the total amount made 13 available under this heading, the Director of CDC shall 14 enter into an arrangement with the National Academy of 15 Medicine to develop a dietary reference intake report for 16 sodium that takes into consideration studies on all-cause 17 mortality: Provided further, That the CDC shall not carry 18 out or support population-wide sodium reduction activities 19 until after the date of publication of such report. 20

NATIONAL INSTITUTES

21

OF

HEALTH

NATIONAL CANCER INSTITUTE

22

For carrying out section 301 and title IV of the PHS

23 Act with respect to cancer, $5,338,444,000, of which up 24 to $50,000,000 may be used for facilities repairs and im25 provements at the National Cancer Institute—Frederick


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51 1 Federally Funded Research and Development Center in 2 Frederick, Maryland. 3

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

4


5 Act with respect to cardiovascular, lung, and blood dis6 eases, and blood and blood products, $3,190,474,000. 7

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

8

RESEARCH

9


10 Act with respect to dental and craniofacial diseases, 11 $425,578,000. 12

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

13

KIDNEY DISEASES

14


15 Act with respect to diabetes and digestive and kidney dis16 ease, $1,862,093,000. 17

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

18

AND STROKE

19


20 Act with respect to neurological disorders and stroke, 21 $1,751,049,000.


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52 1

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2

DISEASES

3


4 Act with respect to allergy and infectious diseases, 5 $4,738,883,000. 6

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

7


8 Act

with

respect

to

general

medical

sciences,

9 $2,583,851,000, of which $791,598,000 shall be from 10 funds available under section 241 of the PHS Act: Pro11 vided, That not less than $333,340,000 is provided for 12 the Institutional Development Awards program. 13

EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

14

CHILD HEALTH AND HUMAN DEVELOPMENT

15


16 Act with respect to child health and human development, 17 $1,373,408,000. 18

NATIONAL EYE INSTITUTE

19


20 Act with respect to eye diseases and visual disorders, 21 $735,576,000.


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53 1

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

2

SCIENCES

3


4 Act with respect to environmental health sciences, 5 $710,387,000. 6

NATIONAL INSTITUTE ON AGING

7


8 Act with respect to aging, $1,982,102,000. 9

NATIONAL INSTITUTE OF ARTHRITIS AND

10

MUSCULOSKELETAL AND SKIN DISEASES

11


12 Act with respect to arthritis and musculoskeletal and skin 13 diseases, $555,181,000. 14

NATIONAL INSTITUTE ON DEAFNESS AND OTHER

15

COMMUNICATION DISORDERS

16


17 Act with respect to deafness and other communication dis18 orders, $434,126,000. 19

NATIONAL INSTITUTE OF NURSING RESEARCH

20


21 Act with respect to nursing research, $150,008,000.


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54 1

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

2

ALCOHOLISM

3


4 Act with respect to alcohol abuse and alcoholism, 5 $480,330,000. 6

NATIONAL INSTITUTE ON DRUG ABUSE

7


8 Act with respect to drug abuse, $1,107,700,000. 9

NATIONAL INSTITUTE OF MENTAL HEALTH

10


11 Act with respect to mental health, $1,599,747,000. 12

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

13


14 Act

with

respect

to

human

genome

research,

15 $531,438,000. 16

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

17

BIOENGINEERING

18


19 Act with respect to biomedical imaging and bioengineering 20 research, $356,978,000. 21

NATIONAL CENTER FOR COMPLEMENTARY AND

22

INTEGRATIVE HEALTH

23


24 Act with respect to complementary and integrative health, 25 $134,549,000.


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55 1

NATIONAL INSTITUTE ON MINORITY HEALTH AND

2

HEALTH DISPARITIES

3


4 Act with respect to minority health and health disparities 5 research, $286,446,000. 6

JOHN E. FOGARTY INTERNATIONAL CENTER

7

For carrying out the activities of the John E. Fogarty

8 International Center (described in subpart 2 of part E of 9 title IV of the PHS Act), $72,141,000. 10

NATIONAL LIBRARY OF MEDICINE

11


12 Act with respect to health information communications, 13 $403,086,000: Provided, That of the amounts available for 14 improvement of information systems, $4,000,000 shall be 15 available until September 30, 2018: Provided further, That 16 in fiscal year 2017, the National Library of Medicine may 17 enter into personal services contracts for the provision of 18 services in facilities owned, operated, or constructed under 19 the jurisdiction of the National Institutes of Health (re20 ferred to in this title as ‘‘NIH’’). 21

NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

22

SCIENCES

23


24 Act with respect to translational sciences, $712,795,000: 25 Provided, That up to $25,835,000 shall be available to im-


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56 1 plement section 480 of the PHS Act, relating to the Cures 2 Acceleration Network: Provided further, That at least 3 $511,500,000 is provided to the Clinical and Translational 4 Sciences Awards program. 5

OFFICE OF THE DIRECTOR

6

For carrying out the responsibilities of the Office of

7 the Director, NIH, $1,676,167,000, of which up to 8 $30,000,000 may be used to carry out section 215 of this 9 Act: Provided, That funding shall be available for the pur10 chase of not to exceed 29 passenger motor vehicles for re11 placement only: Provided further, That all funds credited 12 to the NIH Management Fund shall remain available for 13 one fiscal year after the fiscal year in which they are de14 posited: Provided further, That $165,000,000 shall be for 15 the National Children’s Study Follow-on: Provided further, 16 That $763,039,000 shall be available for the Common 17 Fund established under section 402A(c)(1) of the PHS 18 Act: Provided further, That of the funds provided, $10,000 19 shall be for official reception and representation expenses 20 when specifically approved by the Director of the NIH: 21 Provided further, That the Office of AIDS Research within 22 the Office of the Director of the NIH may spend up to 23 $8,000,000 to make grants for construction or renovation 24 of facilities as provided for in section 2354(a)(5)(B) of the 25 PHS Act: Provided further, That up to $230,000,000 of


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57 1 the funds provided to the Common Fund are available to 2 support the trans-NIH Precision Medicine Initiative: Pro3 vided further, That, of the funds from Institute, Center, 4 and Office of the Director accounts within ‘‘Department 5 of Health and Human Services, National Institutes of 6 Health,’’ in order to strengthen privacy protections for 7 human research participants, NIH shall require investiga8 tors receiving NIH funding for new and competing re9 search projects designed to generate and analyze data de10 rived from human research participants to obtain a certifi11 cate of confidentiality. 12

In addition to other funds appropriated for the Com-

13 mon Fund established under section 402A(c) of the PHS 14 Act, $12,600,000 is appropriated to the Common Fund 15 from the 10-year Pediatric Research Initiative Fund de16 scribed in section 9008 of title 26, United States Code, 17 for the purpose of carrying out section 402(b)(7)(B)(ii) 18 of the PHS Act (relating to pediatric research), as author19 ized in the Gabriella Miller Kids First Research Act. 20

BUILDINGS AND FACILITIES

21

For the study of, construction of, demolition of, ren-

22 ovation of, and acquisition of equipment for, facilities of 23 or used by NIH, including the acquisition of real property, 24 $128,863,000, to remain available through September 30, 25 2021.


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58 1

SUBSTANCE ABUSE

AND

MENTAL HEALTH SERVICES

2

ADMINISTRATION

3

MENTAL HEALTH

4

For carrying out titles III, V, and XIX of the PHS

5 Act with respect to mental health, and the Protection and 6 Advocacy for Individuals with Mental Illness Act, 7 $1,126,628,000: Provided, That notwithstanding section 8 520A(f)(2) of the PHS Act, no funds appropriated for car9 rying out section 520A shall be available for carrying out 10 section 1971 of the PHS Act: Provided further, That in 11 addition to amounts provided herein, $21,039,000 shall be 12 available under section 241 of the PHS Act to carry out 13 subpart I of part B of title XIX of the PHS Act to fund 14 section 1920(b) technical assistance, national data, data 15 collection and evaluation activities, and further that the 16 total available under this Act for section 1920(b) activities 17 shall not exceed 5 percent of the amounts appropriated 18 for subpart I of part B of title XIX: Provided further, That 19 section 520E(b)(2) of the PHS Act shall not apply to 20 funds appropriated in this Act for fiscal year 2017: Pro21 vided further, That notwithstanding section 565(b)(1) of 22 the PHS Act, technical assistance may be provided to a 23 public entity to establish or operate a system of com24 prehensive community mental health services to children 25 with a serious emotional disturbance, without regard to


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59 1 whether the public entity receives a grant under section 2 561(a) of such Act: Provided further, That States shall 3 expend at least 10 percent of the amount each receives 4 for carrying out section 1911 of the PHS Act to support 5 evidence-based programs that address the needs of individ6 uals with early serious mental illness, including psychotic 7 disorders, regardless of the age of the individual at onset: 8 Provided further, That none of the funds provided for sec9 tion 1911 of the PHS Act shall be subject to section 241 10 of such Act: Provided further, That of the funds made 11 available under this heading, $15,000,000 shall be to 12 carry out section 224 of the Protecting Access to Medicare 13 Act of 2014 (Public Law 113–93; 42 U.S.C. 290aa 22 14 note). 15

SUBSTANCE ABUSE TREATMENT

16

For carrying out titles III and V of the PHS Act

17 with respect to substance abuse treatment and title XIX 18 of such Act with respect to substance abuse treatment and 19 prevention, $2,108,202,000: Provided, That in addition to 20 amounts provided herein, $81,200,000 shall be available 21 under section 241 of the PHS Act to supplement funds 22 otherwise available for substance abuse treatment activi23 ties and to carry out subpart II of part B of title XIX 24 of the PHS Act to fund section 1935(b) technical assist25 ance, national data, data collection and evaluation activi-


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60 1 ties, and further that the total available under this Act 2 for section 1935(b) activities shall not exceed 5 percent 3 of the amounts appropriated for subpart II of part B of 4 title XIX: Provided further, That none of the funds pro5 vided for section 1921 of the PHS Act shall be subject 6 to section 241 of such Act. 7

SUBSTANCE ABUSE PREVENTION

8

For carrying out titles III and V of the PHS Act

9 with respect to substance abuse prevention, $194,148,000: 10 Provided, That in addition to amounts provided herein, 11 $17,000,000 shall be available under section 241 of the 12 PHS Act to supplement funds otherwise available for sub13 stance abuse prevention activities. 14

In addition, for grants under title V of the PHS Act

15 to States, political subdivisions of States, territories, 16 tribes, and tribal organizations for the prevention and 17 treatment of opioid abuse, including heroin abuse, and re18 lated health conditions, $500,000,000: Provided, That 19 such amount shall not be subject to section 241 of the 20 PHS Act: Provided further, That not more than 4 percent 21 of such amount shall be available for Federal administra22 tive expenses, training, technical assistance, and evalua23 tion: Provided further, That in awarding such grants, the 24 Administrator of the Substance Abuse and Mental Health 25 Services Administration shall give highest priority to


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61 1 States, political subdivisions of States, territories, tribes, 2 and tribal organizations that have the highest rate of 3 opioid-related overdose deaths: Provided further, That pre4 vention and treatment activities funded through such 5 grants may include education, treatment (including the 6 provision of medication), behavioral health services for in7 dividuals in treatment programs, referral to treatment 8 services, and medical screening associated with such treat9 ment. 10

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

11

For program support and cross-cutting activities that

12 supplement activities funded under the headings ‘‘Mental 13 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 14 Abuse Prevention’’ in carrying out titles III, V, and XIX 15 of the PHS Act and the Protection and Advocacy for Indi16 viduals with Mental Illness Act in the Substance Abuse 17 and

Mental

Health

Services

Administration,

18 $131,458,000: Provided, That in addition to amounts pro19 vided herein, $31,428,000 shall be available under section 20 241 of the PHS Act to supplement funds available to 21 carry out national surveys on drug abuse and mental 22 health, to collect and analyze program data, and to con23 duct public awareness and technical assistance activities: 24 Provided further, That, in addition, fees may be collected 25 for the costs of publications, data, data tabulations, and


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62 1 data analysis completed under title V of the PHS Act and 2 provided to a public or private entity upon request, which 3 shall be credited to this appropriation and shall remain 4 available until expended for such purposes: Provided fur5 ther, That amounts made available in this Act for carrying 6 out section 501(m) of the PHS Act shall remain available 7 through September 30, 2018: Provided further, That 8 funds made available under this heading may be used to 9 supplement program support funding provided under the 10 headings ‘‘Mental Health’’, ‘‘Substance Abuse Treat11 ment’’, and ‘‘Substance Abuse Prevention’’. 12

AGENCY

13

FOR

HEALTHCARE RESEARCH

AND

QUALITY

HEALTHCARE RESEARCH AND QUALITY

14

For carrying out titles III and IX of the PHS Act,

15 part A of title XI of the Social Security Act, and section 16 1013 of the Medicare Prescription Drug, Improvement, 17 and Modernization Act of 2003, $280,240,000: Provided, 18 That section 947(c) of the PHS Act shall not apply in 19 fiscal year 2016: Provided further, That in addition, 20 amounts received from Freedom of Information Act fees, 21 reimbursable and interagency agreements, and the sale of 22 data shall be credited to this appropriation and shall re23 main available until September 30, 2017.


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63 1

CENTERS

2

FOR

MEDICARE

AND

MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

3

For carrying out, except as otherwise provided, titles

4 XI and XIX of the Social Security Act, $262,003,967,000, 5 to remain available until expended. 6

For making, after May 31, 2017, payments to States

7 under title XIX or in the case of section 1928 on behalf 8 of States under title XIX of the Social Security Act for 9 the last quarter of fiscal year 2017 for unanticipated costs 10 incurred for the current fiscal year, such sums as may be 11 necessary. 12

For making payments to States or in the case of sec-

13 tion 1928 on behalf of States under title XIX of the Social 14 Security Act for the first quarter of fiscal year 2018, 15 $125,219,452,000, to remain available until expended. 16

Payment under such title XIX may be made for any

17 quarter with respect to a State plan or plan amendment 18 in effect during such quarter, if submitted in or prior to 19 such quarter and approved in that or any subsequent 20 quarter. 21

PAYMENTS TO HEALTH CARE TRUST FUNDS

22

For payment to the Federal Hospital Insurance

23 Trust Fund and the Federal Supplementary Medical In24 surance Trust Fund, as provided under sections 217(g), 25 1844, and 1860D–16 of the Social Security Act, sections


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64 1 103(c) and 111(d) of the Social Security Amendments of 2 1965, section 278(d)(3) of Public Law 97–248, and for 3 administrative expenses incurred pursuant to section 4 201(g) of the Social Security Act, $299,187,700,000. 5

In addition, for making matching payments under

6 section 1844 and benefit payments under section 1860D– 7 16 of the Social Security Act that were not anticipated 8 in budget estimates, such sums as may be necessary. 9

PROGRAM MANAGEMENT

10


11 XI, XVIII, XIX, and XXI of the Social Security Act, titles 12 XIII and XXVII of the PHS Act, and the Clinical Labora13 tory Improvement Amendments of 1988, not to exceed 14 $3,093,690,000, to be transferred from the Federal Hos15 pital Insurance Trust Fund and the Federal Supple16 mentary Medical Insurance Trust Fund, as authorized by 17 section 201(g) of the Social Security Act; together with 18 all funds collected in accordance with section 353 of the 19 PHS Act and section 1857(e)(2) of the Social Security 20 Act, funds retained by the Secretary pursuant to section 21 302 of the Tax Relief and Health Care Act of 2006; and 22 such sums as may be collected from authorized user fees 23 and the sale of data, which shall be credited to this ac24 count and remain available until September 30, 2018: Pro25 vided, That all funds derived in accordance with 31 U.S.C.


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65 1 9701 from organizations established under title XIII of 2 the PHS Act shall be credited to and available for carrying 3 out the purposes of this appropriation: Provided further, 4 That the Secretary is directed to collect fees in fiscal year 5 2016 from Medicare Advantage organizations pursuant to 6 section 1857(e)(2) of the Social Security Act and from eli7 gible organizations with risk-sharing contracts under sec8 tion 1876 of that Act pursuant to section 1876(k)(4)(D) 9 of that Act: Provided further, That none of the funds made 10 available under this heading shall be used to support re11 search, demonstration, and evaluation activities: Provided 12 further, That of the total amount made available under 13 this heading, $1,985,823,000 shall be for Program Oper14 ations and $710,533,000 shall be for Federal Administra15 tion: Provided further, That none of the funds made avail16 able under this heading may be used to support the Center 17 for Consumer Information and Insurance Oversight or ac18 tivities developed, administered, or implemented by the 19 Center. 20

In addition, not more than $385,438,000, shall be de-

21 rived from offsetting collections through the Clinical Lab22 oratory Improvement Act, Medicare Advantage, and Re23 covery Audit Contractors and shall be credited to this ac24 count and remain available until September 30, 2018: Pro25 vided, That no funds shall be derived from offsetting col-


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66 1 lections through fees collected from qualified health plans 2 offered through an Exchange established under Public 3 Law 111–148 to operate such an Exchange: Provided fur4 ther, That offsetting collections collected under this au5 thority by such Recovery Audit Contractors under section 6 1893 of the Social Security Act shall be used only as addi7 tional funds to educate health care providers on how to 8 appropriately reduce errors, to support the Office of Medi9 care Appeals to reduce its backlog, and to establish a proc10 ess to provide educational feedback from the Office of 11 Medicare Appeals to the Centers for Medicare and Med12 icaid Services to reduce the claims overturn rate from the 13 claims that are elevated to the Office of Medicare Appeals. 14

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

15

In addition to amounts otherwise available for pro-

16 gram integrity and program management, $681,000,000, 17 to remain available through September 30, 2018, to be 18 transferred from the Federal Hospital Insurance Trust 19 Fund and the Federal Supplementary Medical Insurance 20 Trust Fund, as authorized by section 201(g) of the Social 21 Security Act, of which $486,120,000 shall be for the Medi22 care Integrity Program at the Centers for Medicare and 23 Medicaid Services, including administrative costs, to con24 duct oversight activities for Medicare Advantage under 25 Part C and the Medicare Prescription Drug Program


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67 1 under Part D of the Social Security Act and for activities 2 described in section 1893(b) of such Act, of which 3 $67,200,000 shall be for the Department of Health and 4 Human Services Office of Inspector General to carry out 5 fraud

and

abuse

activities

authorized

by

section

6 1817(k)(3) of such Act, of which $67,200,000 shall be for 7 the Medicaid and Children’s Health Insurance Program 8 (‘‘CHIP’’) program integrity activities, and of which 9 $60,480,000 shall be for the Department of Justice to 10 carry out fraud and abuse activities authorized by section 11 1817(k)(3) of such Act: Provided, That the report re12 quired by section 1817(k)(5) of the Social Security Act 13 for fiscal year 2017 shall include measures of the oper14 ational efficiency and impact on fraud, waste, and abuse 15 in the Medicare, Medicaid, and CHIP programs for the 16 funds provided by this appropriation: Provided further, 17 That of the amount provided under this heading, 18 $311,000,000 is provided to meet the terms of section 19 251(b)(2)(C)(ii) of the Balanced Budget and Emergency 20 Deficit

Control

Act

of

1985,

as

amended,

and

21 $370,000,000 is additional new budget authority specified 22 for purposes of section 251(b)(2)(C) of such Act: Provided 23 further, That the Secretary shall support the full cost of 24 the Senior Medicare Patrol program to combat health care 25 fraud and abuse from the funds provided to this account.


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68 1

ADMINISTRATION

FOR

CHILDREN

AND

FAMILIES

2

PAYMENTS TO STATES FOR CHILD SUPPORT

3

ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

4


5 I, IV–D, X, XI, XIV, and XVI of the Social Security Act 6 and the Act of July 5, 1960, $3,010,631,000, to remain 7 available until expended; and for such purposes for the 8 first quarter of fiscal year 2018, $1,400,000,000, to re9 main available until expended. 10

For carrying out, after May 31 of the current fiscal

11 year, except as otherwise provided, titles I, IV–D, X, XI, 12 XIV, and XVI of the Social Security Act and the Act of 13 July 5, 1960, for the last 3 months of the current fiscal 14 year for unanticipated costs, incurred for the current fiscal 15 year, such sums as may be necessary. 16

LOW INCOME HOME ENERGY ASSISTANCE

17

For making payments under subsections (b) and (d)

18 of section 2602 of the Low Income Home Energy Assist19 ance Act of 1981, $3,490,304,000: Provided, That all but 20 $591,000,000 of this amount shall be allocated as though 21 the total appropriation for such payments for fiscal year 22 2017 was less than $1,975,000,000: Provided further, 23 That notwithstanding section 2609A(a), of the amounts 24 appropriated under section 2602(b), not more than 25 $2,988,000 of such amounts may be reserved by the Sec-


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69 1 retary for technical assistance, training, and monitoring 2 of program activities for compliance with internal controls, 3 policies and procedures and may, in addition to the au4 thorities provided in section 2609A(a)(1), use such funds 5 through contracts with private entities that do not qualify 6 as nonprofit organizations. 7

REFUGEE AND ENTRANT ASSISTANCE

8


9

For necessary expenses for refugee and entrant as-

10 sistance activities authorized by section 414 of the Immi11 gration and Nationality Act and section 501 of the Ref12 ugee Education Assistance Act of 1980, and for carrying 13 out section 462 of the Homeland Security Act of 2002, 14 section 235 of the William Wilberforce Trafficking Victims 15 Protection Reauthorization Act of 2008, the Trafficking 16 Victims Protection Act of 2000 (‘‘TVPA’’), and the Tor17 ture Victims Relief Act of 1998, $1,674,691,000, of which 18 $1,645,201,000 shall remain available through September 19 30, 2019 for carrying out such sections 414, 501, 462, 20 and 235: Provided, That amounts available under this 21 heading to carry out the TVPA shall also be available for 22 research and evaluation with respect to activities under 23 such Act and for the national communications system 24 under section 107(b)(1)(B)(ii) of such Act (added under 25 section 603 of the Justice for Victims of Trafficking Act


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70 1 of 2015, P.L. 114-22) to assist victims of severe forms 2 of trafficking in persons: Provided further, That the limita3 tion in section 205 of this Act regarding transfers increas4 ing any appropriation shall apply to transfers to appro5 priations under this heading by substituting ‘‘10 percent’’ 6 for ‘‘3 percent’’. 7

PAYMENTS TO STATES FOR THE CHILD CARE AND

8

DEVELOPMENT BLOCK GRANT

9

For carrying out the Child Care and Development

10 Block

Grant

Act

of

2014

(‘‘CCDBG

Act’’),

11 $2,801,000,000 shall be used to supplement, not supplant 12 State general revenue funds for child care assistance for 13 low-income families: Provided, That technical assistance 14 under section 658I(a)(3) of such Act may be provided di15 rectly, or through the use of contracts, grants, cooperative 16 agreements, or interagency agreements: Provided further, 17 That all funds made available to carry out section 418 18 of the Social Security Act (42 U.S.C. 618), including 19 funds appropriated for that purpose in such section 418 20 or any other provision of law, shall be subject to the res21 ervation of funds authority in paragraphs (4) and (5) of 22 section 658O(a) of the CCDBG Act. 23

SOCIAL SERVICES BLOCK GRANT

24

For making grants to States pursuant to section

25 2002 of the Social Security Act, $1,700,000,000: Pro-


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71 1 vided, That notwithstanding subparagraph (B) of section 2 404(d)(2) of such Act, the applicable percent specified 3 under such subparagraph for a State to carry out State 4 programs pursuant to title XX–A of such Act shall be 10 5 percent. 6

CHILDREN AND FAMILIES SERVICES PROGRAMS

7

For carrying out, except as otherwise provided, the

8 Runaway and Homeless Youth Act, the Head Start Act, 9 the Every Student Succeeds Act, the Child Abuse Preven10 tion and Treatment Act, sections 303 and 313 of the 11 Family Violence Prevention and Services Act, the Native 12 American Programs Act of 1974, title II of the Child 13 Abuse Prevention and Treatment and Adoption Reform 14 Act of 1978 (adoption opportunities), part B–1 of title IV 15 and sections 429, 473A, 477(i), 1110, 1114A, and 1115 16 of the Social Security Act; for making payments under the 17 Community Services Block Grant Act (‘‘CSBG Act’’), and 18 the Assets for Independence Act; for necessary adminis19 trative expenses to carry out titles I, IV, V, X, XI, XIV, 20 XVI, and XX–A of the Social Security Act, the Act of 21 July 5, 1960, the Low-Income Home Energy Assistance 22 Act of 1981, title IV of the Immigration and Nationality 23 Act, and section 501 of the Refugee Education Assistance 24 Act of 1980; and for the administration of prior year obli25 gations made by the Administration for Children and


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72 1 Families under the Developmental Disabilities Assistance 2 and Bill of Rights Act and the Help America Vote Act 3 of 2002, $11,382,896,000, of which $37,943,000, to re4 main available through September 30, 2018, shall be for 5 grants to States for adoption and legal guardianship in6 centive payments, as defined by section 473A of the Social 7 Security Act and may be made for adoptions completed 8 before

September

30,

2017:

Provided,

That

9 $9,309,724,000 shall be for making payments under the 10 Head Start Act: Provided further, That of the amount in 11 the previous proviso, $8,639,724,000 shall be available for 12 payments under section 640 of the Head Start Act, of 13 which $131,629,000 shall be available for a cost of living 14 adjustment notwithstanding section 640(a)(3)(A) of such 15 Act: Provided further, That of the amount provided for 16 making payments under the Head Start Act, $25,000,000 17 shall be available for allocation by the Secretary to supple18 ment activities described in paragraphs (7)(B) and (9) of 19 section 641(c) of such Act under the Designation Renewal 20 System, established under the authority of sections 21 641(c)(7), 645A(b)(12) and 645A(d) of such Act: Pro22 vided further, That notwithstanding such section 640, of 23 the amount provided for making payments under the 24 Head Start Act, and in addition to funds otherwise avail25 able under such section 640, $645,000,000 shall be avail-


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73 1 able through March 31, 2018 for Early Head Start pro2 grams as described in section 645A of such Act, for con3 version of Head Start services to Early Head Start serv4 ices as described in section 645(a)(5)(A) of such Act, for 5 discretionary grants for high quality infant and toddler 6 care through Early Head Start-Child Care Partnerships, 7 to entities defined as eligible under section 645A(d) of 8 such Act, for training and technical assistance for such 9 activities, and for up to $14,000,000 in Federal costs of 10 administration and evaluation, and, notwithstanding sec11 tion 645A(c)(2) of such Act, these funds are available to 12 serve children under age 4: Provided further, That funds 13 described in the preceding two provisos shall not be in14 cluded in the calculation of ‘‘base grant’’ in subsequent 15 fiscal years, as such term is used in section 640(a)(7)(A) 16 of such Act: Provided further, That $250,000,000 shall be 17 available until December 31, 2017 for carrying out sec18 tions 9212 and 9213 of the Every Student Succeeds Act: 19 Provided further, That up to 3 percent of the funds in 20 the previous proviso shall be available for technical assist21 ance and evaluation related to grants awarded under such 22 section 9212: Provided further, That $752,383,000 shall 23 be for making payments under the CSBG Act: Provided 24 further, That $37,733,000 shall be for sections 680 and 25 678E(b)(2) of the CSBG Act, of which not less than


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74 1 $29,883,000 shall be for section 680(a)(2) and not less 2 than $7,500,000 shall be for section 680(a)(3)(B) of such 3 Act: Provided further, That, notwithstanding section 4 675C(a)(3) of such Act to the extent Community Services 5 Block Grant funds are distributed as grant funds by a 6 State to an eligible entity as provided under such Act, and 7 have not been expended by such entity, they shall remain 8 with such entity for carryover into the next fiscal year for 9 expenditure by such entity consistent with program pur10 poses: Provided further, That the Secretary shall establish 11 procedures regarding the disposition of intangible assets 12 and program income that permit such assets acquired 13 with, and program income derived from, grant funds au14 thorized under section 680 of the CSBG Act to become 15 the sole property of such grantees after a period of not 16 more than 12 years after the end of the grant period for 17 any activity consistent with section 680(a)(2)(A) of the 18 CSBG Act: Provided further, That intangible assets in the 19 form of loans, equity investments and other debt instru20 ments, and program income may be used by grantees for 21 any eligible purpose consistent with section 680(a)(2)(A) 22 of the CSBG Act: Provided further, That these procedures 23 shall apply to such grant funds made available after No24 vember 29, 1999: Provided further, That funds appro25 priated for section 680(a)(2) of the CSBG Act shall be


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75 1 available for financing construction and rehabilitation and 2 loans or investments in private business enterprises owned 3 by community development corporations: Provided further, 4 That the Secretary shall issue performance standards for 5 entities receiving funds from State and territorial grantees 6 under the CSBG Act, and such States and territories shall 7 assure the implementation of such standards prior to Sep8 tember 30, 2017, and include information on such imple9 mentation in the report required by section 678E(2) of 10 such Act: Provided further, That, to the extent funds for 11 the Assets for Independence (AFI) Act provided in this 12 Act are distributed as grant funds to a qualified entity 13 and have not been expended by such entity within 3 years 14 after the date of the award, such funds may be recaptured 15 and, during the fiscal year of such recapture, reallocated 16 among other qualified entities, to remain available to such 17 entities for 5 years: Provided further, That, notwith18 standing section 404(5)(A)(i) of such Act, contributions 19 to an individual development account shall be allowable 20 through any mechanism allowed by the financial institu21 tion at which the account is held: Provided further, That 22 $1,864,000 shall be for a human services case manage23 ment system for federally declared disasters, to include a 24 comprehensive national case management contract and 25 Federal costs of administering the system: Provided fur-


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76 1 ther, That up to $2,000,000 shall be for improving the 2 Public Assistance Reporting Information System, includ3 ing grants to States to support data collection for a study 4 of the system’s effectiveness. 5

PROMOTING SAFE AND STABLE FAMILIES

6

For carrying out, except as otherwise provided, sec-

7 tion 436 of the Social Security Act, $325,000,000 and, 8 for carrying out, except as otherwise provided, section 437 9 of such Act, $79,765,000: Provided, That notwithstanding 10 sections 438(c)(3)(A) and 436(b)(2) of such Act, 11 $10,000,000 shall be available for such section 436(b)(2), 12 of which no funds shall be available for carrying out sec13 tions 438(c)(3)(A)(ii) and (iii) of such Act: Provided fur14 ther, That of the funds available to carry out such section 15 437, $20,000,000 shall be reserved for allotment to Indian 16 tribes or tribal consortia in accordance with subsection 17 (c)(1) of such section (in addition to amounts otherwise 18 reserved for such purpose under subsection (b)(3) of such 19 section): Provided further, That for the purposes of apply20 ing subsection (b) of such section 437, the amount appro21 priated pursuant to subsection (a) of such section for fis22 cal year 2017 shall be deemed to be $59,765,000: Pro23 vided further, That section 432(b)(2)(B) of such Act shall 24 not apply to funds provided under this heading for fiscal 25 year 2017: Provided further, That notwithstanding section


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77 1 433(a) of such Act, each Indian tribe or tribal consortium 2 with an approved plan shall receive an allotment of not 3 less than $10,000: Provided further, That for purposes of 4 funds provided under this heading, an Indian tribe or trib5 al consortium may apply the term ″adoption″ in a manner 6 that includes customary adoptions. 7

PAYMENTS FOR FOSTER CARE AND PERMANENCY

8

For carrying out, except as otherwise provided, title

9 IV–E of the Social Security Act, $5,764,000,000. 10

For carrying out, except as otherwise provided, title

11 IV–E of the Social Security Act, for the first quarter of 12 fiscal year 2018, $2,500,000,000. 13

For carrying out, after May 31 of the current fiscal

14 year, except as otherwise provided, section 474 of title IV– 15 E of the Social Security Act, for the last 3 months of the 16 current fiscal year for unanticipated costs, incurred for the 17 current fiscal year, such sums as may be necessary. 18

ADMINISTRATION

FOR

COMMUNITY LIVING

19

AGING AND DISABILITY SERVICES PROGRAMS

20


21

For carrying out, to the extent not otherwise pro-

22 vided, the Older Americans Act of 1965 (‘‘OAA’’), titles 23 III and XXIX of the PHS Act, sections 1252 and 1253 24 of the PHS Act, section 119 of the Medicare Improve25 ments for Patients and Providers Act of 2008, title XX–


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78 1 B of the Social Security Act, the Developmental Disabil2 ities Assistance and Bill of Rights Act, parts 2 and 5 of 3 subtitle D of title II of the Help America Vote Act of 4 2002, the Assistive Technology Act of 1998, titles II and 5 VII (and section 14 with respect to such titles) of the Re6 habilitation Act of 1973, and for Department-wide coordi7 nation of policy and program activities that assist individ8 uals with disabilities, $1,929,160,000, together with 9 $52,115,000 to be transferred from the Federal Hospital 10 Insurance Trust Fund and the Federal Supplementary 11 Medical Insurance Trust Fund to carry out section 4360 12 of the Omnibus Budget Reconciliation Act of 1990: Pro13 vided, That amounts appropriated under this heading may 14 be used for grants to States under section 361 of the OAA 15 only for disease prevention and health promotion pro16 grams and activities which have been demonstrated 17 through rigorous evaluation to be evidence-based and ef18 fective: Provided further, That notwithstanding any other 19 provision of this Act, funds made available under this 20 heading to carry out section 311 of the OAA may be trans21 ferred to the Secretary of Agriculture in accordance with 22 such section: Provided further, That $2,000,000 shall be 23 for competitive grants to support alternative financing 24 programs that provide for the purchase of assistive tech25 nology devices, such as a low-interest loan fund; an inter-


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79 1 est buy-down program; a revolving loan fund; a loan guar2 antee; or an insurance program: Provided further, That 3 applicants shall provide an assurance that, and informa4 tion describing the manner in which, the alternative fi5 nancing program will expand and emphasize consumer 6 choice and control: Provided further, That State agencies 7 and community-based disability organizations that are di8 rected by and operated for individuals with disabilities 9 shall be eligible to compete: Provided further, That none 10 of the funds made available under this heading may be 11 used by an eligible system (as defined in section 102 of 12 the Protection and Advocacy for Individuals with Mental 13 Illness Act (42 U.S.C. 10802)) to continue to pursue any 14 legal action in a Federal or State court on behalf of an 15 individual or group of individuals with a developmental 16 disability (as defined in section 102(8)(A) of the Develop17 mental Disabilities and Assistance and Bill of Rights Act 18 of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to 19 a mental impairment (or a combination of mental and 20 physical impairments), that has as the requested remedy 21 the closure of State operated intermediate care facilities 22 for people with intellectual or developmental disabilities, 23 unless reasonable public notice of the action has been pro24 vided to such individuals (or, in the case of mental inca25 pacitation, the legal guardians who have been specifically


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80 1 awarded authority by the courts to make healthcare and 2 residential decisions on behalf of such individuals) who are 3 affected by such action, within 90 days of instituting such 4 legal action, which informs such individuals (or such legal 5 guardians) of their legal rights and how to exercise such 6 rights consistent with current Federal Rules of Civil Pro7 cedure: Provided further, That the limitations in the imme8 diately preceding proviso shall not apply in the case of an 9 individual who is neither competent to consent nor has a 10 legal guardian, nor shall the proviso apply in the case of 11 individuals who are a ward of the State or subject to pub12 lic guardianship. 13

OFFICE

14

OF THE

SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

15

For necessary expenses, not otherwise provided, for

16 general departmental management, including hire of six 17 passenger motor vehicles, and for carrying out titles III, 18 XVII, XXI, and section 229 of the PHS Act, the United 19 States-Mexico Border Health Commission Act, and re20 search studies under section 1110 of the Social Security 21 Act, $365,009,000, together with $58,028,000 from the 22 amounts available under section 241 of the PHS Act to 23 carry out national health or human services research and 24 evaluation activities: Provided, That of this amount, 25 $53,900,000 shall be for minority AIDS prevention and


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81 1 treatment activities: Provided further, That of the funds 2 made available under this heading, $20,000,000 shall be 3 for making competitive grants which exclusively imple4 ment education in sexual risk avoidance (defined as volun5 tarily refraining from non-marital sexual activity): Pro6 vided further, That funding for such competitive grants 7 for sexual risk avoidance shall use medically accurate in8 formation referenced to peer-reviewed publications by edu9 cational, scientific, governmental, or health organizations; 10 implement an evidence-based approach integrating re11 search findings with practical implementation that aligns 12 with the needs and desired outcomes for the intended au13 dience; and teach the benefits associated with self-regula14 tion, success sequencing for poverty prevention, healthy 15 relationships, goal setting, and resisting sexual coercion, 16 dating violence, and other youth risk behaviors such as 17 underage drinking or illicit drug use without normalizing 18 teen sexual activity: Provided further, That no more than 19 10 percent of the funding for such competitive grants for 20 sexual risk avoidance shall be available for technical assist21 ance and administrative costs of such programs: Provided 22 further, That funds provided in this Act for embryo adop23 tion activities may be used to provide to individuals adopt24 ing embryos, through grants and other mechanisms, med25 ical and administrative services deemed necessary for such


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82 1 adoptions: Provided further, That such services shall be 2 provided consistent with 42 CFR 59.5(a)(4). 3

OFFICE OF MEDICARE HEARINGS AND APPEALS

4

For expenses necessary for the Office of Medicare

5 Hearings and Appeals, $107,381,000, to be transferred in 6 appropriate part from the Federal Hospital Insurance 7 Trust Fund and the Federal Supplementary Medical In8 surance Trust Fund. 9

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

10

INFORMATION TECHNOLOGY

11

For expenses necessary for the Office of the National

12 Coordinator for Health Information Technology, including 13 grants, contracts, and cooperative agreements for the de14 velopment and advancement of interoperable health infor15 mation technology, $65,367,000. 16


17

For expenses necessary for the Office of Inspector

18 General, including the hire of passenger motor vehicles for 19 investigations, in carrying out the provisions of the Inspec20 tor General Act of 1978, $85,000,000: Provided, That of 21 such amount, necessary sums shall be available for pro22 viding protective services to the Secretary and inves23 tigating non-payment of child support cases for which non24 payment is a Federal offense under 18 U.S.C. 228.


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83 1

OFFICE FOR CIVIL RIGHTS

2

For expenses necessary for the Office for Civil

3 Rights, $38,798,000. 4

RETIREMENT PAY AND MEDICAL BENEFITS FOR

5

COMMISSIONED OFFICERS

6

For retirement pay and medical benefits of Public

7 Health Service Commissioned Officers as authorized by 8 law, for payments under the Retired Serviceman’s Family 9 Protection Plan and Survivor Benefit Plan, and for med10 ical care of dependents and retired personnel under the 11 Dependents’ Medical Care Act, such amounts as may be 12 required during the current fiscal year. 13

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

14

FUND

15

For expenses necessary to support activities related

16 to countering potential biological, nuclear, radiological, 17 chemical, and cybersecurity threats to civilian populations, 18 and for other public health emergencies, $959,258,000, of 19 which $520,000,000 shall remain available through Sep20 tember 30, 2018, for expenses necessary to support ad21 vanced research and development pursuant to section 22 319L of the PHS Act and other administrative expenses 23 of the Biomedical Advanced Research and Development 24 Authority: Provided, That funds provided under this head25 ing for the purpose of acquisition of security counter-


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84 1 measures shall be in addition to any other funds available 2 for such purpose: Provided further, That products pur3 chased with funds provided under this heading may, at 4 the discretion of the Secretary, be deposited in the Stra5 tegic National Stockpile pursuant to section 319F–2 of 6 the PHS Act: Provided further, That $5,000,000 of the 7 amounts made available to support emergency operations 8 shall remain available through September 30, 2019. 9

For expenses necessary for procuring security coun-

10 termeasures (as defined in section 319F–2(c)(1)(B) of the 11 PHS Act), $600,000,000, to remain available until ex12 pended. 13

For an additional amount for expenses necessary to

14 prepare for or respond to an influenza pandemic, 15 $72,000,000; of which $40,000,000 shall be available until 16 expended, for activities including the development and 17 purchase of vaccine, antivirals, necessary medical supplies, 18 diagnostics, and other surveillance tools: Provided, That 19 notwithstanding section 496(b) of the PHS Act, funds 20 may be used for the construction or renovation of privately 21 owned facilities for the production of pandemic influenza 22 vaccines and other biologics, if the Secretary finds such 23 construction or renovation necessary to secure sufficient 24 supplies of such vaccines or biologics.


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85 1

GENERAL PROVISIONS

2

SEC. 201. Funds appropriated in this title shall be

3 available for not to exceed $50,000 for official reception 4 and representation expenses when specifically approved by 5 the Secretary. 6

SEC. 202. None of the funds appropriated in this title

7 shall be used to pay the salary of an individual, through 8 a grant or other extramural mechanism, at a rate in excess 9 of Executive Level II. 10

SEC. 203. None of the funds appropriated in this Act

11 may be expended pursuant to section 241 of the PHS Act, 12 except for funds specifically provided for in this Act, or 13 for other taps and assessments made by any office located 14 in HHS, prior to the preparation and submission of a re15 port by the Secretary to the Committees on Appropria16 tions of the House of Representatives and the Senate de17 tailing the planned uses of such funds. 18

SEC. 204. Notwithstanding section 241(a) of the

19 PHS Act, such portion as the Secretary shall determine, 20 but not more than 2.4 percent, of any amounts appro21 priated for programs authorized under such Act shall be 22 made available for the evaluation (directly, or by grants 23 or contracts) and the implementation and effectiveness of 24 programs funded in this title.


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86 1

(TRANSFER OF FUNDS)

2


3 tionary funds (pursuant to the Balanced Budget and 4 Emergency Deficit Control Act of 1985) which are appro5 priated for the current fiscal year for HHS in this Act 6 may be transferred between appropriations, but no such 7 appropriation shall be increased by more than 3 percent 8 by any such transfer: Provided, That the transfer author9 ity granted by this section shall not be used to create any 10 new program or to fund any project or activity for which 11 no funds are provided in this Act: Provided further, That 12 the Committees on Appropriations of the House of Rep13 resentatives and the Senate are notified at least 15 days 14 in advance of any transfer. 15

SEC. 206. In lieu of the timeframe specified in section

16 338E(c)(2) of the PHS Act, terminations described in 17 such section may occur up to 60 days after the execution 18 of a contract awarded in fiscal year 2017 under section 19 338B of such Act. 20


21 may be made available to any entity under title X of the 22 PHS Act unless the applicant for the award certifies to 23 the Secretary that it encourages family participation in 24 the decision of minors to seek family planning services and


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87 1 that it provides counseling to minors on how to resist at2 tempts to coerce minors into engaging in sexual activities. 3


4 law, no provider of services under title X of the PHS Act 5 shall be exempt from any State law requiring notification 6 or the reporting of child abuse, child molestation, sexual 7 abuse, rape, or incest. 8


9 (including funds appropriated to any trust fund) may be 10 used to carry out the Medicare Advantage program if the 11 Secretary denies participation in such program to an oth12 erwise eligible entity (including a Provider Sponsored Or13 ganization) because the entity informs the Secretary that 14 it will not provide, pay for, provide coverage of, or provide 15 referrals for abortions: Provided, That the Secretary shall 16 make appropriate prospective adjustments to the capita17 tion payment to such an entity (based on an actuarially 18 sound estimate of the expected costs of providing the serv19 ice to such entity’s enrollees): Provided further, That noth20 ing in this section shall be construed to change the Medi21 care program’s coverage for such services and a Medicare 22 Advantage organization described in this section shall be 23 responsible for informing enrollees where to obtain infor24 mation about all Medicare covered services.


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88 1

SEC. 210. None of the funds made available in this

2 title may be used, in whole or in part, to advocate or pro3 mote gun control. 4

SEC. 211. The Secretary shall make available through

5 assignment not more than 60 employees of the Public 6 Health Service to assist in child survival activities and to 7 work in AIDS programs through and with funds provided 8 by the Agency for International Development, the United 9 Nations International Children’s Emergency Fund or the 10 World Health Organization. 11

SEC. 212. In order for HHS to carry out inter-

12 national health activities, including HIV/AIDS and other 13 infectious disease, chronic and environmental disease, and 14 other health activities abroad during fiscal year 2017: 15

(1) The Secretary may exercise authority equiv-

16

alent to that available to the Secretary of State in

17

section 2(c) of the State Department Basic Authori-

18

ties Act of 1956. The Secretary shall consult with

19

the Secretary of State and relevant Chief of Mission

20

to ensure that the authority provided in this section

21

is exercised in a manner consistent with section 207

22

of the Foreign Service Act of 1980 and other appli-

23

cable statutes administered by the Department of

24

State.


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89 1

(2) The Secretary is authorized to provide such

2

funds by advance or reimbursement to the Secretary

3

of State as may be necessary to pay the costs of ac-

4

quisition, lease, alteration, renovation, and manage-

5

ment of facilities outside of the United States for

6

the use of HHS. The Department of State shall co-

7

operate fully with the Secretary to ensure that HHS

8

has secure, safe, functional facilities that comply

9

with applicable regulation governing location, set-

10

back, and other facilities requirements and serve the

11

purposes established by this Act. The Secretary is

12

authorized, in consultation with the Secretary of

13

State, through grant or cooperative agreement, to

14

make available to public or nonprofit private institu-

15

tions or agencies in participating foreign countries,

16

funds to acquire, lease, alter, or renovate facilities in

17

those countries as necessary to conduct programs of

18

assistance for international health activities, includ-

19

ing activities relating to HIV/AIDS and other infec-

20

tious diseases, chronic and environmental diseases,

21

and other health activities abroad.

22

(3) The Secretary is authorized to provide to

23

personnel appointed or assigned by the Secretary to

24

serve abroad, allowances and benefits similar to

25

those provided under chapter 9 of title I of the For-


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90 1

eign Service Act of 1980, and 22 U.S.C. 4081

2

through 4086 and subject to such regulations pre-

3

scribed by the Secretary. The Secretary is further

4

authorized to provide locality-based comparability

5

payments (stated as a percentage) up to the amount

6

of the locality-based comparability payment (stated

7

as a percentage) that would be payable to such per-

8

sonnel under section 5304 of title 5, United States

9

Code if such personnel’s official duty station were in

10

the District of Columbia. Leaves of absence for per-

11

sonnel under this subsection shall be on the same

12

basis as that provided under subchapter I of chapter

13

63 of title 5, United States Code, or section 903 of

14

the Foreign Service Act of 1980, to individuals serv-

15

ing in the Foreign Service.

16

(TRANSFER OF FUNDS)

17

SEC. 213. The Director of the NIH, jointly with the

18 Director of the Office of AIDS Research, may transfer up 19 to 3 percent among institutes and centers from the total 20 amounts identified by these two Directors as funding for 21 research pertaining to the human immunodeficiency virus: 22 Provided, That the Committees on Appropriations of the 23 House of Representatives and the Senate are notified at 24 least 15 days in advance of any transfer.


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91 1

(TRANSFER OF FUNDS)

2

SEC. 214. Of the amounts made available in this Act

3 for NIH, the amount for research related to the human 4 immunodeficiency virus, as jointly determined by the Di5 rector of NIH and the Director of the Office of AIDS Re6 search, shall be made available to the ‘‘Office of AIDS 7 Research’’ account. The Director of the Office of AIDS 8 Research shall transfer from such account amounts nec9 essary to carry out section 2353(d)(3) of the PHS Act. 10

SEC. 215. (a) AUTHORITY.—Notwithstanding any

11 other provision of law, the Director of NIH (‘‘Director’’) 12 may use funds available under section 402(b)(7) or 13 402(b)(12) of the PHS Act to enter into transactions 14 (other than contracts, cooperative agreements, or grants) 15 to carry out research identified pursuant to such section 16 402(b)(7) (pertaining to the Common Fund) or research 17 and activities described in such section 402(b)(12). 18

(b) PEER REVIEW.—In entering into transactions

19 under subsection (a), the Director may utilize such peer 20 review procedures (including consultation with appropriate 21 scientific experts) as the Director determines to be appro22 priate to obtain assessments of scientific and technical 23 merit. Such procedures shall apply to such transactions 24 in lieu of the peer review and advisory council review pro25 cedures that would otherwise be required under sections


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92 1 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 2 and 494 of the PHS Act. 3

SEC. 216. Not to exceed $45,000,000 of funds appro-

4 priated by this Act to the institutes and centers of the 5 National Institutes of Health may be used for alteration, 6 repair, or improvement of facilities, as necessary for the 7 proper and efficient conduct of the activities authorized 8 herein, at not to exceed $3,500,000 per project. 9

(TRANSFER OF FUNDS)

10

SEC. 217. Of the amounts made available for NIH,

11 1 percent of the amount made available for National Re12 search Service Awards (‘‘NRSA’’) shall be made available 13 to the Administrator of the Health Resources and Services 14 Administration to make NRSA awards for research in pri15 mary medical care to individuals affiliated with entities 16 who have received grants or contracts under sections 736, 17 739, or 747 of the PHS Act, and 1 percent of the amount 18 made available for NRSA shall be made available to the 19 Director of the Agency for Healthcare Research and Qual20 ity to make NRSA awards for health service research. 21

SEC. 218. In addition to amounts provided herein,

22 payments made for research organisms or substances, au23 thorized under section 301(a) of the PHS Act, shall be 24 retained and credited to the appropriations accounts of the 25 Institutes and Centers of the NIH making the substance


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93 1 or organism available under section 301(a). Amounts cred2 ited to the account under this authority shall be available 3 for obligation through September 30, 2018. 4

SEC. 219. (a) The Biomedical Advanced Research

5 and Development Authority (‘‘BARDA’’) may enter into 6 a contract, for more than one but no more than 10 pro7 gram years, for purchase of research services or of security 8 countermeasures, as that term is defined in section 319F– 9 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 10 if— 11

(1) funds are available and obligated—

12

(A) for the full period of the contract or

13

for the first fiscal year in which the contract is

14

in effect; and

15

(B) for the estimated costs associated with

16

a necessary termination of the contract; and

17

(2) the Secretary determines that a multi-year

18

contract will serve the best interests of the Federal

19

Government by encouraging full and open competi-

20

tion or promoting economy in administration, per-

21

formance, and operation of BARDA’s programs.

22

(b) A contract entered into under this section—

23

(1) shall include a termination clause as de-

24

scribed by subsection (c) of section 3903 of title 41,

25

United States Code; and


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94 1

(2) shall be subject to the congressional notice

2

requirement stated in subsection (d) of such section.

3

SEC. 220. (a) The Secretary shall establish a publicly

4 accessible Web site to provide information regarding the 5 uses of funds made available under section 4002 of the 6 Patient Protection and Affordable Care Act of 2010 7 (‘‘ACA’’). 8

(b) With respect to funds provided under section

9 4002 of the ACA, the Secretary shall include on the Web 10 site established under subsection (a) at a minimum the 11 following information: 12

(1) In the case of each transfer of funds under

13

section 4002(c), a statement indicating the program

14

or activity receiving funds, the operating division or

15

office that will administer the funds, and the

16

planned uses of the funds, to be posted not later

17

than the day after the transfer is made.

18

(2) Identification (along with a link to the full

19

text) of each funding opportunity announcement, re-

20

quest for proposals, or other announcement or solici-

21

tation of proposals for grants, cooperative agree-

22

ments, or contracts intended to be awarded using

23

such funds, to be posted not later than the day after

24

the announcement or solicitation is issued.


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95 1

(3) Identification of each grant, cooperative

2

agreement, or contract with a value of $25,000 or

3

more awarded using such funds, including the pur-

4

pose of the award and the identity of the recipient,

5

to be posted not later than 5 days after the award

6

is made.

7

(4) A report detailing the uses of all funds

8

transferred under section 4002(c) during the fiscal

9

year, to be posted not later than 90 days after the

10

end of the fiscal year.

11

(c) With respect to awards made in fiscal years 2013

12 through 2017, the Secretary shall also include on the Web 13 site established under subsection (a), semi-annual reports 14 from each entity awarded a grant, cooperative agreement, 15 or contract from such funds with a value of $25,000 or 16 more, summarizing the activities undertaken and identi17 fying any sub-grants or sub-contracts awarded (including 18 the purpose of the award and the identity of the recipient), 19 to be posted not later than 30 days after the end of each 20 6-month period. 21

(d) In carrying out this section, the Secretary shall—

22

(1) present the information required in sub-

23

section (b)(1) on a single webpage or on a single

24

database;


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96 1

(2) ensure that all information required in this

2

section is directly accessible from the single webpage

3

or database; and

4

(3) ensure that all information required in this

5

section is able to be organized by program or State.

6

(TRANSFER OF FUNDS)

7

SEC. 221. (a) Within 45 days of enactment of this

8 Act, the Secretary shall transfer funds appropriated under 9 section 4002 of the ACA to the accounts specified, in the 10 amounts specified, and for the activities specified under 11 the heading ‘‘Prevention and Public Health Fund’’ in the 12 committee report accompanying this Act. 13

(b) Notwithstanding section 4002(c) of the ACA, the

14 Secretary may not further transfer these amounts. 15

(c) Funds transferred for activities authorized under

16 section 2821 of the PHS Act shall be made available with17 out reference to section 2821(b) of such Act. 18

SEC. 222. (a) The Secretary shall publish in the fiscal

19 year 2018 budget justification and on Departmental Web 20 sites information concerning the employment of full-time 21 equivalent Federal employees or contractors for the pur22 poses of implementing, administering, enforcing, or other23 wise carrying out the provisions of the ACA, and the 24 amendments made by that Act, in the proposed fiscal year 25 and each fiscal year since the enactment of the ACA.


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97 1

(b) With respect to employees or contractors sup-

2 ported by all funds appropriated for purposes of carrying 3 out the ACA (and the amendments made by that Act), 4 the Secretary shall include, at a minimum, the following 5 information: 6

(1) For each such fiscal year, the section of

7

such Act under which such funds were appropriated,

8

a statement indicating the program, project, or ac-

9

tivity receiving such funds, the Federal operating di-

10

vision or office that administers such program, and

11

the amount of funding received in discretionary or

12

mandatory appropriations.

13

(2) For each such fiscal year, the number of

14

full-time equivalent employees or contracted employ-

15

ees assigned to each authorized and funded provision

16

detailed in accordance with paragraph (1).

17

(c) In carrying out this section, the Secretary may

18 exclude from the report employees or contractors who— 19

(1) are supported through appropriations en-

20

acted in laws other than the ACA and work on pro-

21

grams that existed prior to the passage of the ACA;

22

(2) spend less than 50 percent of their time on

23

activities funded by or newly authorized in the ACA;

24

or


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98 1

(3) work on contracts for which FTE reporting

2

is not a requirement of their contract, such as fixed-

3

price contracts.

4

SEC. 223. The Secretary shall publish, as part of the

5 fiscal year 2018 budget of the President submitted under 6 section 1105(a) of title 31, United States Code, informa7 tion that details the uses of all funds used by the Centers 8 for Medicare and Medicaid Services specifically for Health 9 Insurance Exchanges for each fiscal year since the enact10 ment of the ACA and the proposed uses for such funds 11 for fiscal year 2018. Such information shall include, for 12 each such fiscal year, the amount of funds used for each 13 activity specified under the heading ‘‘Health Insurance 14 Exchange Transparency’’committee report accompanying 15 this Act. 16

SEC. 224. (a) The Secretary shall provide to the

17 Committees on Appropriations of the House of Represent18 atives and the Senate: 19

(1) Detailed monthly enrollment figures from

20

the Exchanges established under the Patient Protec-

21

tion and Affordable Care Act of 2010 pertaining to

22

enrollments during the open enrollment period; and

23

(2) Notification of any new or competitive grant

24

awards, including supplements, authorized under

25

section 330 of the Public Health Service Act.


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99 1

(b) The Committees on Appropriations of the House

2 and Senate must be notified at least 2 business days in 3 advance of any public release of enrollment information 4 or the award of such grants. 5


6 Act from the Federal Hospital Insurance Trust Fund or 7 the Federal Supplemental Medical Insurance Trust Fund, 8 or transferred from other accounts funded by this Act to 9 the ‘‘Centers for Medicare and Medicaid Services—Pro10 gram Management’’ account, may be used for payments 11 under section 1342(b)(1) of Public Law 111–148 (relating 12 to risk corridors). 13

(RESCISSION)

14

SEC. 226. (a) The ‘‘Nonrecurring expenses fund’’ es-

15 tablished in section 223 of division G of Public Law 110– 16 161 is terminated, the amount of expired discretionary 17 funds available for reappropriation by transfer into such 18 Fund under such section is reduced to $0, and the unobli19 gated balance of amounts available in such Fund is re20 scinded. 21

(b) Section 223 of division G of Public Law 110–161

22 is repealed. 23

(c) Subsections (a) and (b) shall take effect on Octo-

24 ber 1, 2016.


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100 1


2 law, none of the discretionary funds appropriated by this 3 Act may be used to support any patient-centered outcomes 4 research. 5


6 may be used to carry out title X of the PHS Act. 7


8 may be used to implement, further, enforce, or advance 9 the Navigators program as provided under Section 1311(i) 10 of Public Law 111–148 and title I and subtitle B of title 11 II of Public Law 111–152. 12

SEC. 230. The Secretary shall include in the fiscal

13 year 2018 budget justification an analysis of how section 14 2713 of the PHS Act will impact eligibility for discre15 tionary HHS programs. 16

(TRANSFER OF FUNDS)

17

SEC. 231. There is established in the Treasury a re-

18 serve fund to be known as the ‘‘Infectious Diseases Rapid 19 Response Reserve Fund’’ (the ‘‘Reserve Fund’’): Provided, 20 That of the funds provided under the heading ‘‘CDC-Wide 21 Activities and Program Support’’, up to $300,000,000, to 22 remain available until expended, shall be available to the 23 Director of the Centers for Disease Control and Preven24 tion (the ‘‘CDC’’) for deposit in the Reserve Fund: Pro25 vided further, That amounts in the Reserve Fund shall re-


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101 1 main available until expended to carry out titles II, III, 2 and XVII of the PHS Act to prevent, prepare for, or re3 spond to an infectious disease emergency under this sec4 tion, including, in connection with such activities, to pur5 chase or lease and provide for the insurance of passenger 6 motor vehicles for official use in foreign countries: Pro7 vided further, That amounts in the Reserve Fund may only 8 be provided for an infectious disease emergency if the in9 fectious disease emergency (1) is declared by the Secretary 10 of Health and Human Services under section 319 of the 11 PHS Act; or (2) as determined by the Secretary, has sig12 nificant potential to imminently occur and potential, on 13 occurrence, to affect national security or the health and 14 security of United States citizens, domestically or inter15 nationally: Provided further, That amounts in the Reserve 16 Fund may be transferred by the Director of the CDC to 17 other accounts of the CDC, to accounts of the National 18 Institutes of Health, or to the Public Health and Social 19 Services Emergency Fund, to be merged with such ac20 counts or Fund for the purposes provided in this section: 21 Provided further, That the Committees on Appropriations 22 of the House of Representatives and the Senate shall be 23 notified at least 15 days prior to any transfer or obligation 24 made under the authority provided in this section, includ25 ing notification on the anticipated uses of such funds by


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102 1 program, project or activity: Provided further, That the 2 Committees on Appropriations of the House of Represent3 atives and the Senate shall receive a report not later than 4 30 days after the end of each quarter in a fiscal year on 5 the unobligated balances in the Reserve Fund and all ac6 tual obligations incurred for that fiscal year, including ob7 ligations by program, project or activity: Provided further, 8 That amounts in the Reserve Fund shall be in addition 9 to amounts otherwise available to the Department of 10 Health and Human Services for the purposes provided in 11 this section: Provided further, That the transfer authori12 ties in this section are in addition to any transfer author13 ity otherwise available to the Department of Health and 14 Human Services: Provided further, That products pur15 chased using amounts in the Reserve Fund may, at the 16 discretion of the Secretary of Health and Human Services, 17 be deposited in the Strategic National Stockpile under sec18 tion 319F–2 of the PHS Act: Provided further, That this 19 section shall be in effect as of the date of the enactment 20 of this Act through each fiscal year hereafter. 21

This title may be cited as the ‘‘Department of Health

22 and Human Services Appropriations Act, 2017’’.


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103 1

TITLE III

2

DEPARTMENT OF EDUCATION

3

EDUCATION

4

FOR THE

DISADVANTAGED

For carrying out title I and subpart 2 of part B of

5 title II of the Elementary and Secondary Education Act 6 of 1965 (referred to in this Act as ‘‘ESEA’’) and section 7 418A of the Higher Education Act of 1965 (referred to 8 in this Act as ‘‘HEA’’), $15,986,790,000, of which 9 $4,897,006,000 shall become available on July 1, 2017, 10 and shall remain available through September 30, 2018, 11 and of which $11,041,177,000 shall become available on 12 October 1, 2017, and shall remain available through Sep13 tember 30, 2018, for academic year 2017–2018: Provided, 14 That $6,909,401,000 shall be for basic grants under sec15 tion 1124 of the ESEA: Provided further, That up to 16 $3,984,000 of these funds shall be available to the Sec17 retary of Education (referred to in this title as ‘‘Sec18 retary’’) on October 1, 2016, to obtain annually updated 19 local educational agency-level census poverty data from 20 the Bureau of the Census: Provided further, That 21 $1,362,301,000 shall be for concentration grants under 22 section 1124A of the ESEA: Provided further, That 23 $3,544,050,000 shall be for targeted grants under section 24 1125

of

the

ESEA:

Provided

further,

That

25 $3,544,050,000 shall be for education finance incentive


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104 1 grants under section 1125A of the ESEA: Provided fur2 ther, That $160,000,000 shall be for carrying out subpart 3 2 of part B of title II: Provided further, That $44,623,000 4 shall be for carrying out section 418A of the HEA. 5

IMPACT AID

6

For carrying out programs of financial assistance to

7 federally affected schools authorized by title VII of the 8 ESEA, $1,328,603,000, of which $1,191,233,000 shall be 9 for basic support payments under section 7003(b), 10 $48,316,000 shall be for payments for children with dis11 abilities under section 7003(d), $17,406,000, to remain 12 available for obligation through September 30, 2018, shall 13 be for construction under section 7007 (b), $66,813,000 14 shall be for Federal property payments under section 15 7002, and $4,835,000, to remain available until expended, 16 shall be for facilities maintenance under section 7008: 17 Provided, That for purposes of computing the amount of 18 a payment for an eligible local educational agency under 19 section 7003(a) for school year 2016–2017, children en20 rolled in a school of such agency that would otherwise be 21 eligible for payment under section 7003(a)(1)(B) of such 22 Act, but due to the deployment of both parents or legal 23 guardians, or a parent or legal guardian having sole cus24 tody of such children, or due to the death of a military 25 parent or legal guardian while on active duty (so long as


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105 1 such children reside on Federal property as described in 2 section 7003(a)(1)(B)), are no longer eligible under such 3 section, shall be considered as eligible students under such 4 section, provided such students remain in average daily 5 attendance at a school in the same local educational agen6 cy they attended prior to their change in eligibility status. 7

SCHOOL IMPROVEMENT PROGRAMS

8

For carrying out school improvement activities au-

9 thorized by part B of title I, part A of title II, subpart 10 1 of part A of title IV, part B of title IV, part B of title 11 V, and parts B and C of title VI of the ESEA; the McKin12 ney-Vento Homeless Assistance Act; section 203 of the 13 Educational Technical Assistance Act of 2002; the Com14 pact of Free Association Amendments Act of 2003; and 15 the Civil Rights Act of 1964, $4,799,912,000, of which 16 $1,980,902,000 shall become available on July 1, 2017, 17 and remain available through September 30, 2018, and 18 of which $1,681,441,000 shall become available on Octo19 ber 1, 2017, and shall remain available through September 20 30, 2018, for academic year 2017–2018: Provided, That 21 $300,000,000 shall be for part B of title I: Provided fur22 ther, That $33,397,000 shall be for part B of the title 23 VI: Provided further, That $32,453,000 shall be for part 24 C of title VI: Provided further, That $48,445,000 shall be 25 available to carry out section 203 of the Educational Tech-


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106 1 nical Assistance Act of 2002 and the Secretary shall make 2 such arrangements as determined to be necessary to en3 sure that the Bureau of Indian Education has access to 4 services provided under this section: Provided further, 5 That $16,699,000 shall be available to carry out the Sup6 plemental Education Grants program for the Federated 7 States of Micronesia and the Republic of the Marshall Is8 lands: Provided further, That the Secretary may reserve 9 up to 5 percent of the amount referred to in the previous 10 proviso to provide technical assistance in the implementa11 tion of these grants: Provided further, That $175,840,000 12 shall be for part B of title V. 13

INDIAN EDUCATION

14

For expenses necessary to carry out, to the extent

15 not otherwise provided, title VI, part A of the ESEA, 16 $174,939,000, of which $67,993,000 shall be for subpart 17 2 of part A of title VI and $6,565,000 shall be for subpart 18 3 of part A of title VI. 19

INNOVATION

20

AND IMPROVEMENT

For carrying out activities authorized by subparts 1,

21 3 and 4 of part B of title II, and part C and subpart 22 4 of part F of title IV of the ESEA, $632,938,000: Pro23 vided, That $262,025,000 shall be for subparts 1, 3 and 24 4 of part B of title II: Provided further, That of the funds 25 available for part C of title IV, the Secretary shall use


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107 1 not less than $26,000,000 to carry out section 4304, of 2 which not more than $10,000,000 shall be available to 3 carry out section 4304(k), not more than $60,000,000 to 4 carry out section 4305(b), and not less than $16,000,000 5 to carry out the activities in section 4305(a)(3). 6

SAFE SCHOOLS

7

AND

CITIZENSHIP EDUCATION

For carrying out activities authorized by section 4624

8 of subpart 2 of part F of title IV of the ESEA, 9 $73,254,000 which shall be available through December 10 31, 2017. 11

ENGLISH LANGUAGE ACQUISITION

12

For carrying out part A of title III of the ESEA,

13 $737,400,000, which shall become available on July 1, 14 2017, and shall remain available through September 30, 15 2018, except that 6.5 percent of such amount shall be 16 available on October 1, 2016, and shall remain available 17 through September 30, 2018, to carry out activities under 18 section 3111(c)(1)(C). 19

SPECIAL EDUCATION

20

For carrying out the Individuals with Disabilities

21 Education Act (IDEA) and the Special Olympics Sport 22 and Empowerment Act of 2004, $13,406,517,000, of 23 which $3,956,259,000 shall become available on July 1, 24 2017, and shall remain available through September 30, 25 2018, and of which $9,283,383,000 shall become available


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108 1 on October 1, 2017, and shall remain available through 2 September 30, 2018, for academic year 2017–2018: Pro3 vided, That the amount for section 611(b)(2) of the IDEA 4 shall be equal to the lesser of the amount available for 5 that activity during fiscal year 2016, increased by the 6 amount of inflation as specified in section 619(d)(2)(B) 7 of the IDEA, or the percent change in the funds appro8 priated under section 611(i) of the IDEA, but not less 9 than the amount for that activity during fiscal year 2016: 10 Provided further, That the Secretary shall, without regard 11 to section 611(d) of the IDEA, distribute to all other 12 States (as that term is defined in section 611(g)(2)), sub13 ject to the third proviso, any amount by which a State’s 14 allocation under section 611(d), from funds appropriated 15 under

this

heading,

is

reduced

under

section

16 612(a)(18)(B), according to the following: 85 percent on 17 the basis of the States’ relative populations of children 18 aged 3 through 21 who are of the same age as children 19 with disabilities for whom the State ensures the avail20 ability of a free appropriate public education under this 21 part, and 15 percent to States on the basis of the States’ 22 relative populations of those children who are living in pov23 erty: Provided further, That the Secretary may not dis24 tribute any funds under the previous proviso to any State 25 whose reduction in allocation from funds appropriated


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109 1 under this heading made funds available for such a dis2 tribution: Provided further, That the States shall allocate 3 such funds distributed under the second proviso to local 4 educational agencies in accordance with section 611(f): 5 Provided further, That the amount by which a State’s allo6 cation under section 611(d) of the IDEA is reduced under 7 section 612(a)(18)(B) and the amounts distributed to 8 States under the previous provisos in fiscal year 2012 or 9 any subsequent year shall not be considered in calculating 10 the awards under section 611(d) for fiscal year 2013 or 11 for any subsequent fiscal years: Provided further, That, 12 notwithstanding the provision in section 612(a)(18)(B) re13 garding the fiscal year in which a State’s allocation under 14 section 611(d) is reduced for failure to comply with the 15 requirement of section 612(a)(18)(A), the Secretary may 16 apply the reduction specified in section 612(a)(18)(B) over 17 a period of consecutive fiscal years, not to exceed five, 18 until the entire reduction is applied: Provided further, 19 That the Secretary may, in any fiscal year in which a 20 State’s allocation under section 611 is reduced in accord21 ance with section 612(a)(18)(B), reduce the amount a 22 State may reserve under section 611(e)(1) by an amount 23 that bears the same relation to the maximum amount de24 scribed in that paragraph as the reduction under section 25 612(a)(18)(B) bears to the total allocation the State


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098


110 1 would have received in that fiscal year under section 2 611(d) in the absence of the reduction: Provided further, 3 That the Secretary shall either reduce the allocation of 4 funds under section 611 for any fiscal year following the 5 fiscal year for which the State fails to comply with the 6 requirement of section 612(a)(18)(A) as authorized by 7 section 612(a)(18)(B), or seek to recover funds under sec8 tion 452 of the General Education Provisions Act (20 9 U.S.C. 1234a): Provided further, That the funds reserved 10 under 611(c) of the IDEA may be used to provide tech11 nical assistance to States to improve the capacity of the 12 States to meet the data collection requirements of sections 13 616 and 618 and to administer and carry out other serv14 ices and activities to improve data collection, coordination, 15 quality, and use under parts B and C of the IDEA: Pro16 vided further, That the Secretary may use funds made 17 available for the State Personnel Development Grants pro18 gram under part D, subpart 1 of IDEA to evaluate pro19 gram performance under such subpart. 20

REHABILITATION SERVICES

21


22 vided, the Rehabilitation Act of 1973 and the Helen Keller 23 National

Center

Act,

$3,534,027,000,

of

which

24 $3,398,554,000 shall be for grants for vocational rehabili25 tation services under title I of the Rehabilitation Act.


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111 1

SPECIAL INSTITUTIONS

FOR

PERSONS WITH

2

DISABILITIES

3

AMERICAN PRINTING HOUSE FOR THE BLIND

4

For carrying out the Act to promote the Education

5 of the Blind of March 3, 1879, $25,431,000. 6

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

7

For the National Technical Institute for the Deaf

8 under titles I and II of the Education of the Deaf Act 9 of 1986, $70,016,000: Provided, That from the total 10 amount available, the Institute may at its discretion use 11 funds for the endowment program as authorized under 12 section 207 of such Act. 13

GALLAUDET UNIVERSITY

14

For the Kendall Demonstration Elementary School,

15 the Model Secondary School for the Deaf, and the partial 16 support of Gallaudet University under titles I and II of 17 the Education of the Deaf Act of 1986, $121,275,000: 18 Provided, That from the total amount available, the Uni19 versity may at its discretion use funds for the endowment 20 program as authorized under section 207 of such Act. 21

CAREER, TECHNICAL,

22


AND

ADULT EDUCATION

23 vided, the Carl D. Perkins Career and Technical Edu24 cation Act of 2006 and the Adult Education and Family 25 Literacy Act (‘‘AEFLA’’), $1,720,686,000, of which


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112 1 $929,686,000 shall become available on July 1, 2017, and 2 shall remain available through September 30, 2018, and 3 of which $791,000,000 shall become available on October 4 1, 2017, and shall remain available through September 30, 5 2018: Provided, That of the amounts made available for 6 AEFLA, $13,712,000 shall be for national leadership ac7 tivities under section 242. 8

STUDENT FINANCIAL ASSISTANCE

9

For carrying out subparts 1, 3, and 10 of part A,

10 and part C of title IV of the HEA, $22,888,210,000, 11 which shall remain available through September 30, 2018. 12

The maximum Pell Grant for which a student shall

13 be eligible during award year 2017–2018 shall be $4,860. 14

STUDENT AID ADMINISTRATION

15

For Federal administrative expenses to carry out part

16 D of title I, and subparts 1, 3, 9, and 10 of part A, and 17 parts B, C, D, and E of title IV of the HEA, and subpart 18 1 of part A of title VII of the Public Health Service Act, 19 $1,551,854,000, to remain available through September 20 30, 2018: Provided, That the Secretary shall, allocate new 21 student loan borrower accounts to eligible student loan 22 servicers on the basis of their performance compared to 23 all loan servicers utilizing established common metrics, 24 and on the basis of the capacity of each servicer to process 25 new and existing accounts.


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113 1

HIGHER EDUCATION

2


3 vided, titles II, III, IV, V, VI, and VII of the HEA, the 4 Mutual Educational and Cultural Exchange Act of 1961, 5 and section 117 of the Carl D. Perkins Career and Tech6 nical Education Act of 2006, $1,976,666,000: Provided, 7 That notwithstanding any other provision of law, funds 8 made available in this Act to carry out title VI of the HEA 9 and section 102(b)(6) of the Mutual Educational and Cul10 tural Exchange Act of 1961 may be used to support visits 11 and study in foreign countries by individuals who are par12 ticipating in advanced foreign language training and inter13 national studies in areas that are vital to United States 14 national security and who plan to apply their language 15 skills and knowledge of these countries in the fields of gov16 ernment, the professions, or international development: 17 Provided further, That of the funds referred to in the pre18 ceding proviso up to 1 percent may be used for program 19 evaluation, national outreach, and information dissemina20 tion activities: Provided further, That up to 1.5 percent 21 of the funds made available under chapter 2 of subpart 22 2 of part A of title IV of the HEA may be used for evalua23 tion.


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114 1

HOWARD UNIVERSITY

2

For

partial

support

of

Howard

University,

3 $221,821,000, of which not less than $3,405,000 shall be 4 for a matching endowment grant pursuant to the Howard 5 University Endowment Act and shall remain available 6 until expended. 7

COLLEGE HOUSING

8

AND

ACADEMIC FACILITIES LOANS

PROGRAM

9

For Federal administrative expenses to carry out ac-

10 tivities related to existing facility loans pursuant to section 11 121 of the HEA, $435,000. 12

HISTORICALLY BLACK COLLEGE

13

AND

UNIVERSITY

CAPITAL FINANCING PROGRAM ACCOUNT

14

For the cost of guaranteed loans, $20,150,000, as au-

15 thorized pursuant to part D of title III of the HEA, which 16 shall remain available through September 30, 2018: Pro17 vided, That such costs, including the cost of modifying 18 such loans, shall be as defined in section 502 of the Con19 gressional Budget Act of 1974: Provided further, That 20 these funds are available to subsidize total loan principal, 21 any part of which is to be guaranteed, not to exceed 22 $282,212,885: Provided further, That these funds may be 23 used to support loans to public and private Historically 24 Black Colleges and Universities without regard to the limi25 tations within section 344(a) of the HEA.


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115 1

In addition, for administrative expenses to carry out

2 the Historically Black College and University Capital Fi3 nancing Program entered into pursuant to part D of title 4 III of the HEA, $334,000. 5

INSTITUTE

6

OF

EDUCATION SCIENCES

For carrying out activities authorized by the Edu-

7 cation Sciences Reform Act of 2002, the National Assess8 ment of Educational Progress Authorization Act, section 9 208 of the Educational Technical Assistance Act of 2002, 10 and section 664 of the Individuals with Disabilities Edu11 cation Act, $536,049,000, which shall remain available 12 through September 30, 2018: Provided, That funds avail13 able to carry out section 208 of the Educational Technical 14 Assistance Act may be used to link Statewide elementary 15 and secondary data systems with early childhood, postsec16 ondary, and workforce data systems, or to further develop 17 such systems: Provided further, That up to $6,000,000 of 18 the funds available to carry out section 208 of the Edu19 cational Technical Assistance Act may be used for awards 20 to public or private organizations or agencies to support 21 activities to improve data coordination, quality, and use 22 at the local, State, and national levels.


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116 1

DEPARTMENTAL MANAGEMENT

2

PROGRAM ADMINISTRATION

3


4 vided, the Department of Education Organization Act, in5 cluding rental of conference rooms in the District of Co6 lumbia and hire of three passenger motor vehicles, 7 $432,000,000, of which up to $1,000,000, to remain avail8 able until expended, may be for relocation of, and renova9 tion of buildings occupied by, Department staff. 10

OFFICE FOR CIVIL RIGHTS

11

For expenses necessary for the Office for Civil

12 Rights, as authorized by section 203 of the Department 13 of Education Organization Act, $100,000,000. 14


15


16 General, as authorized by section 212 of the Department 17 of Education Organization Act, $59,256,000. 18

GENERAL PROVISIONS

19

SEC. 301. No funds appropriated in this Act may be

20 used for the transportation of students or teachers (or for 21 the purchase of equipment for such transportation) in 22 order to overcome racial imbalance in any school or school 23 system, or for the transportation of students or teachers 24 (or for the purchase of equipment for such transportation)


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117 1 in order to carry out a plan of racial desegregation of any 2 school or school system. 3

SEC. 302. None of the funds contained in this Act

4 shall be used to require, directly or indirectly, the trans5 portation of any student to a school other than the school 6 which is nearest the student’s home, except for a student 7 requiring special education, to the school offering such 8 special education, in order to comply with title VI of the 9 Civil Rights Act of 1964. For the purpose of this section 10 an indirect requirement of transportation of students in11 cludes the transportation of students to carry out a plan 12 involving the reorganization of the grade structure of 13 schools, the pairing of schools, or the clustering of schools, 14 or any combination of grade restructuring, pairing, or 15 clustering. The prohibition described in this section does 16 not include the establishment of magnet schools. 17

SEC. 303. No funds appropriated in this Act may be

18 used to prevent the implementation of programs of vol19 untary prayer and meditation in the public schools. 20

(TRANSFER OF FUNDS)

21


22 tionary funds (pursuant to the Balanced Budget and 23 Emergency Deficit Control Act of 1985) which are appro24 priated for the Department of Education in this Act may 25 be transferred between appropriations, but no such appro-


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098


118 1 priation shall be increased by more than 3 percent by any 2 such transfer: Provided, That the transfer authority 3 granted by this section shall not be used to create any 4 new program or to fund any project or activity for which 5 no funds are provided in this Act: Provided further, That 6 the Committees on Appropriations of the House of Rep7 resentatives and the Senate are notified at least 15 days 8 in advance of any transfer. 9

SEC. 305. Section 105(f)(1)(B)(ix) of the Compact

10 of Free Association Amendments Act of 2003 (48 U.S.C. 11 1921d(f)(1)(B)(ix)) shall be applied by substituting 12 ‘‘2017’’ for ‘‘2016’’. 13

SEC. 306. Funds appropriated in this Act and con-

14 solidated for evaluation purposes under section 8601(c) of 15 the ESEA shall be available from July 1, 2017 through 16 September 30, 2018. 17

SEC. 307. (a) An institution of higher education that

18 maintains an endowment fund supported with funds ap19 propriated for title III or V of the HEA for fiscal year 20 2017 may use the income from that fund to award schol21 arships to students, subject to the limitation in section 22 331(c)(3)(B)(i) of the HEA. The use of such income for 23 such purposes, prior to the enactment of this Act, shall 24 be considered to have been an allowable use of that in25 come, subject to that limitation.


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119 1

(b) Subsection (a) shall be in effect until titles III

2 and V of the HEA are reauthorized. 3

SEC. 308. Section 114(f) of the HEA (20 U.S.C.

4 1011c(f)) is amended by striking ‘‘2016’’ and inserting 5 ‘‘2017’’. 6

SEC. 309. Section 458(a) of the HEA (20 U.S.C.

7 1087h(a)) is amended in paragraph (4) by striking 8 ‘‘2016’’ and inserting ‘‘2017’’. 9


10 Act may be used to— 11

(1) implement, administer or enforce section

12

600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, or

13

668.43(b) of title 34, Code of Federal Regulations

14

(relating to state authorization), as added or amend-

15

ed by the final regulations published by the Depart-

16

ment of Education in the Federal Register on Octo-

17

ber 29, 2010 (75 Fed. Reg. 66832 et. seq.);

18

(2) implement, administer, or enforce the final

19

regulations on Program Integrity: Gainful Employ-

20

ment published by the Department of Education on

21

October 31, 2014 (79 Fed. Reg. 64889 et seq.);

22

(3) promulgate or enforce any new regulation

23

or rule with respect to the definition or application

24

of the term gainful employment under the Higher


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120 1

Education Act of 1965 on or after the date of enact-

2

ment of this Act;

3

(4) promulgate, implement, administer, or en-

4

force the proposed rule establishing a teacher prepa-

5

ration program accountability system as published

6

by the Department of Education in the Federal Reg-

7

ister on December 3, 2014 (79 Fed. Reg. 71819 et

8

seq.), or any new regulation or rule with respect to

9

a teacher preparation program accountability sys-

10

tem;

11

(5) implement, administer, or enforce the defi-

12

nition of the term credit hour in section 600.2 of

13

title 34, Code of Federal Regulations, as added by

14

the final regulations published by the Department of

15

Education in the Federal Register on October 29,

16

2010 (75 Fed. Reg. 66946) and clauses (i)(A), (ii),

17

and (iii) of subsection (k)(2) of section 668.8 of

18

such title, as amended by such final regulations; or

19

(6) promulgate or enforce any new regulation

20

or rule with respect to the definition or application

21

of the term credit hour under the Higher Education

22

Act of 1965 on or after the date of enactment of

23

this Act.

24


25 shall be used to prohibit the imposition of collection costs


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121 1 by guaranty agencies for loans subject to rehabilitation 2 agreements under section 682.405 of the Department of 3 Education’s regulations or to apply to such rehabilitation 4 agreements the requirements on collection costs for repay5 ment agreements on terms satisfactory to the guaranty 6 agency under section 682.410 of the Department of Edu7 cation’s regulations for periods prior to the issuance of 8 Dear Colleague Letter GEN 15-14 on July 10, 2015. 9

SEC. 312. (a) Section 1 of the Department of Edu-

10 cation Organization Act is amended by striking out the 11 entry for section 204 and inserting ‘‘Sec. 204. Office of 12 Early, Elementary, and Secondary Education.’’; 13

(b) Section 202(b)(1)(A) of the Department of Edu-

14 cation Organization Act (20 U.S.C. 3412(b)(1)(A)) is 15 amended by striking out ‘‘Assistant Secretary for Elemen16 tary and Secondary’’ and inserting ‘‘Assistant Secretary 17 for Early, Elementary, and Secondary Education’’; 18

(c) Section 204 of the Department of Education Or-

19 ganization Act (20 U.S.C. 3414) is amended— 20

(1) by striking out the heading and inserting

21

‘‘Office of Early, Elementary, and Secondary Edu-

22

cation’’;

23

(2) by striking out ‘‘Office of Elementary and

24

Secondary Education’’ each place it appears and in-


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122 1

serting ‘‘Office of Early, Elementary, and Secondary

2

Education’’;

3

(3) by striking out ‘‘Assistant Secretary for El-

4

ementary and Secondary Education’’ each place it

5

appears and inserting ‘‘Assistant Secretary for

6

Early, Elementary, and Secondary Education’’; and

7

(4) by striking out ‘‘elementary and secondary

8

education’’ and inserting ‘‘early, elementary, and

9

secondary education’’; and

10

(d) Section 215 of the Department of Education Or-

11 ganization Act (20 U.S.C. 3423c) is amended— 12

(1) in subsection (b)(1), by striking out ‘‘Assist-

13

ant Secretary for Elementary and Secondary’’ and

14

inserting ‘‘Assistant Secretary for Early, Elemen-

15

tary, and Secondary Education’’; and

16

(2) in subsection (b)(2)(B), by striking out ‘‘Of-

17

fice of Elementary and Secondary Education’’ and

18

inserting ‘‘Office of Early, Elementary, and Sec-

19

ondary Education’’.

20


21 Act to the Department of Education may be used to with22 hold Federal financial assistance to public educational in23 stitutions for alleged violations described in the letter 24 dated May 13, 2016, issued jointly by the Department of 25 Justice and the Department of Education, or substantially


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123 1 similar alleged violations, until such violations have been 2 generally recognized by appropriate courts of the United 3 States in final and unappealable judgments (including the 4 exhaustion of or expiration of the time for any appeals), 5 and such alleged violations have been determined by the 6 applicable court to have occurred. 7

This title may be cited as the ‘‘Department of Edu-

8 cation Appropriations Act, 2017’’. 9

TITLE IV

10

RELATED AGENCIES

11

COMMITTEE

12

FOR

PURCHASE FROM PEOPLE WHO ARE

BLIND

13

OR

SEVERELY DISABLED


14

For expenses necessary for the Committee for Pur-

15 chase From People Who Are Blind or Severely Disabled 16 established under section 8502 of title 41, United States 17 Code, $8,597,000: Provided, That in order to authorize 18 any central nonprofit agency designated pursuant to sec19 tion 8503(c) of title 41, United States Code, to perform 20 contract requirements of the Committee as prescribed 21 under section 51–3.2 of title 41, Code of Federal Regula22 tions, the Committee shall enter into a written agreement 23 with any such central nonprofit agency: Provided further, 24 That such agreement entered into under the preceding 25 proviso shall contain such auditing, oversight, and report-


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124 1 ing provisions as necessary to implement chapter 85 of 2 title 41, United States Code: Provided further, That such 3 agreement shall include the elements listed under this 4 heading in the explanatory statement accompanying Pub5 lic Law 114-113: Provided further, That a fee may not 6 be charged under section 51–3.5 of title 41, Code of Fed7 eral Regulations, unless such fee is under the terms of 8 the written agreement between the Committee and any 9 such central nonprofit agency: Provided further, That no 10 less than $1,000,000 shall be available for the Office of 11 Inspector General. 12

ADMINISTRATIVE PROVISION

13

SEC. 401. Not later than 30 days after the end of

14 each fiscal year quarter, the Committee For Purchase 15 From People Who Are Blind or Severely Disabled shall 16 submit to the Committees on Oversight and Government 17 Reform and Education and the Workforce of the House 18 of Representatives, the Committees on Homeland Security 19 and Governmental Affairs and Health, Education, Labor, 20 and Pensions of the Senate, and the Committees on Ap21 propriations of the House of Representatives and the Sen22 ate, the reports described under the heading ‘‘Committee 23 For Purchase From People Who Are Blind or Severely 24 Disabled—Requested Reports’’ in the committee report 25 accompanying this Act.


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125 1 CORPORATION 2

FOR

NATIONAL

AND

COMMUNITY SERVICE

OPERATING EXPENSES

3

For necessary expenses for the Corporation for Na-

4 tional and Community Service (referred to in this title as 5 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 6 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 7 National and Community Service Act of 1990 (referred 8 to in this title as ‘‘1990 Act’’), $787,929,000, notwith9 standing sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 10 501(a)(4)(F) of the 1990 Act: Provided, That of the 11 amounts provided under this heading: (1) up to 1 percent 12 of program grant funds may be used to defray the costs 13 of conducting grant application reviews, including the use 14 of outside peer reviewers and electronic management of 15 the grants cycle; (2) $50,000,000 shall be available for 16 expenses to carry out section 198K of the 1990 Act; (3) 17 $16,038,000 shall be available to provide assistance to 18 State commissions on national and community service, 19 under section 126(a) of the 1990 Act and notwithstanding 20 section 501(a)(5)(B) of the 1990 Act; (4) $30,000,000 21 shall be available to carry out subtitle E of the 1990 Act; 22 and (5) $3,800,000 shall be available for expenses author23 ized under section 501(a)(4)(F) of the 1990 Act, which, 24 notwithstanding the provisions of section 198P shall be 25 awarded by CNCS on a competitive basis: Provided fur-


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126 1 ther, That for the purposes of carrying out the 1990 Act, 2 satisfying the requirements in section 122(c)(1)(D) may 3 include a determination of need by the local community: 4 Provided further, That not to exceed 20 percent of funds 5 made available under section 198K of the 1990 Act may 6 be used for Social Innovation Fund Pilot Program-related 7 performance-based awards for Pay for Success projects 8 and shall remain available through September 30, 2018: 9 Provided further, That, with respect to the previous pro10 viso, any funds obligated for such projects shall remain 11 available for disbursement until expended, notwith12 standing 31 U.S.C. 1552(a): Provided further, That any 13 funds deobligated from projects under section 198K of the 14 1990 Act shall immediately be available for activities au15 thorized under section 198K of such Act. 16

PAYMENT TO THE NATIONAL SERVICE TRUST

17


18

For payment to the National Service Trust estab-

19 lished under subtitle D of title I of the 1990 Act, 20 $205,792,000, to remain available until expended: Pro21 vided, That CNCS may transfer additional funds from the 22 amount provided within ‘‘Operating Expenses’’ allocated 23 to grants under subtitle C of title I of the 1990 Act to 24 the National Service Trust upon determination that such 25 transfer is necessary to support the activities of national


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098


127 1 service participants and after notice is transmitted to the 2 Committees on Appropriations of the House of Represent3 atives and the Senate: Provided further, That amounts ap4 propriated for or transferred to the National Service Trust 5 may be invested under section 145(b) of the 1990 Act 6 without regard to the requirement to apportion funds 7 under 31 U.S.C. 1513(b). 8


9

For necessary expenses of administration as provided

10 under section 501(a)(5) of the 1990 Act and under section 11 504(a) of the 1973 Act, including payment of salaries, au12 thorized travel, hire of passenger motor vehicles, the rental 13 of conference rooms in the District of Columbia, the em14 ployment of experts and consultants authorized under 5 15 U.S.C. 3109, and not to exceed $2,500 for official recep16 tion and representation expenses, $81,737,000. 17


18

For necessary expenses of the Office of Inspector

19 General in carrying out the Inspector General Act of 1978, 20 $6,300,000. 21

ADMINISTRATIVE PROVISIONS

22

SEC. 402. CNCS shall make any significant changes

23 to program requirements, service delivery or policy only 24 through public notice and comment rulemaking. For fiscal 25 year 2017, during any grant selection process, an officer


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098


128 1 or employee of CNCS shall not knowingly disclose any cov2 ered grant selection information regarding such selection, 3 directly or indirectly, to any person other than an officer 4 or employee of CNCS that is authorized by CNCS to re5 ceive such information. 6

SEC. 403. AmeriCorps programs receiving grants

7 under the National Service Trust program shall meet an 8 overall minimum share requirement of 24 percent for the 9 first 3 years that they receive AmeriCorps funding, and 10 thereafter shall meet the overall minimum share require11 ment as provided in section 2521.60 of title 45, Code of 12 Federal Regulations, without regard to the operating costs 13 match requirement in section 121(e) or the member sup14 port Federal share limitations in section 140 of the 1990 15 Act, and subject to partial waiver consistent with section 16 2521.70 of title 45, Code of Federal Regulations. 17

SEC. 404. Donations made to CNCS under section

18 196 of the 1990 Act for the purposes of financing pro19 grams and operations under titles I and II of the 1973 20 Act or subtitle B, C, D, or E of title I of the 1990 Act 21 shall be used to supplement and not supplant current pro22 grams and operations. 23

SEC. 405. In addition to the requirements in section

24 146(a) of the 1990 Act, use of an educational award for 25 the purpose described in section 148(a)(4) shall be limited


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098


129 1 to individuals who are veterans as defined under section 2 101 of the Act. 3

SEC. 406. For the purpose of carrying out section

4 189D of the 1990 Act— 5

(1) entities described in paragraph (a) of such

6

section shall be considered ‘‘qualified entities’’ under

7

section 3 of the National Child Protection Act of

8

1993 (‘‘NCPA’’); and

9

(2) individuals described in such section shall

10

be considered ‘‘volunteers’’ under section 3 of

11

NCPA; and

12

(3) State Commissions on National and Com-

13

munity Service established pursuant to section 178

14

of the 1990 Act, are authorized to receive criminal

15

history record information, consistent with Public

16

Law 92–544.

17

CORPORATION

18

FOR

PUBLIC BROADCASTING

For payment to the Corporation for Public Broad-

19 casting (‘‘CPB’’), as authorized by the Communications 20 Act of 1934, an amount which shall be available within 21 limitations specified by that Act, for the fiscal year 2019, 22 $445,000,000: Provided, That none of the funds made 23 available to CPB by this Act shall be used to pay for re24 ceptions, parties, or similar forms of entertainment for 25 Government officials or employees: Provided further, That


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098


130 1 none of the funds made available to CPB by this Act shall 2 be available or used to aid or support any program or ac3 tivity from which any person is excluded, or is denied ben4 efits, or is discriminated against, on the basis of race, 5 color, national origin, religion, or sex: Provided further, 6 That none of the funds made available to CPB by this 7 Act shall be used to apply any political test or qualification 8 in selecting, appointing, promoting, or taking any other 9 personnel action with respect to officers, agents, and em10 ployees of CPB: Provided further, That none of the funds 11 made available to CPB by this Act shall be used to support 12 the Television Future Fund or any similar purpose. 13

In addition, for the costs associated with replacing

14 and upgrading the public broadcasting interconnection 15 system, $10,000,000. 16

FEDERAL MEDIATION

17

AND

CONCILIATION SERVICE


18

For expenses necessary for the Federal Mediation

19 and Conciliation Service (‘‘Service’’) to carry out the func20 tions vested in it by the Labor-Management Relations Act, 21 1947, including hire of passenger motor vehicles; for ex22 penses necessary for the Labor-Management Cooperation 23 Act of 1978; and for expenses necessary for the Service 24 to carry out the functions vested in it by the Civil Service 25 Reform Act, $46,488,000, including up to $750,000 to re-


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098


131 1 main available through September 30, 2018, for activities 2 authorized by the Labor-Management Cooperation Act of 3 1978: Provided, That notwithstanding 31 U.S.C. 3302, 4 fees charged, up to full-cost recovery, for special training 5 activities and other conflict resolution services and tech6 nical assistance, including those provided to foreign gov7 ernments and international organizations, and for arbitra8 tion services shall be credited to and merged with this ac9 count, and shall remain available until expended: Provided 10 further, That fees for arbitration services shall be available 11 only for education, training, and professional development 12 of the agency workforce: Provided further, That the Direc13 tor of the Service is authorized to accept and use on behalf 14 of the United States gifts of services and real, personal, 15 or other property in the aid of any projects or functions 16 within the Director’s jurisdiction. 17

FEDERAL MINE SAFETY

AND

HEALTH REVIEW

18

COMMISSION

19


20

For expenses necessary for the Federal Mine Safety

21 and Health Review Commission, $17,184,000.


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132 1

INSTITUTE

OF

MUSEUM

AND

LIBRARY SERVICES

2

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

3

AND ADMINISTRATION

4

For carrying out the Museum and Library Services

5 Act of 1996 and the National Museum of African Amer6 ican History and Culture Act, $230,000,000. 7

MEDICAID

AND

CHIP PAYMENT

AND

8

COMMISSION

9


10

ACCESS

For expenses necessary to carry out section 1900 of

11 the Social Security Act, $7,000,000. 12

MEDICARE PAYMENT ADVISORY COMMISSION

13


14

For expenses necessary to carry out section 1805 of

15 the Social Security Act, $12,000,000, to be transferred to 16 this appropriation from the Federal Hospital Insurance 17 Trust Fund and the Federal Supplementary Medical In18 surance Trust Fund. 19

NATIONAL COUNCIL

20

ON

DISABILITY


21

For expenses necessary for the National Council on

22 Disability as authorized by title IV of the Rehabilitation 23 Act of 1973, $3,250,000.


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133 1

NATIONAL LABOR RELATIONS BOARD

2


3

For expenses necessary for the National Labor Rela-

4 tions Board to carry out the functions vested in it by the 5 Labor-Management Relations Act, 1947, and other laws, 6 $215,000,000: Provided, That no part of this appropria7 tion shall be available to organize or assist in organizing 8 agricultural laborers or used in connection with investiga9 tions, hearings, directives, or orders concerning bargaining 10 units composed of agricultural laborers as referred to in 11 section 2(3) of the Act of July 5, 1935, and as amended 12 by the Labor-Management Relations Act, 1947, and as de13 fined in section 3(f) of the Act of June 25, 1938, and 14 including in said definition employees engaged in the 15 maintenance and operation of ditches, canals, reservoirs, 16 and waterways when maintained or operated on a mutual, 17 nonprofit basis and at least 95 percent of the water stored 18 or supplied thereby is used for farming purposes. 19

ADMINISTRATIVE PROVISIONS

20

SEC. 407. None of the funds provided by this Act

21 or previous Acts making appropriations for the National 22 Labor Relations Board may be used to issue any new ad23 ministrative directive or regulation that would provide em24 ployees any means of voting through any electronic means


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134 1 in an election to determine a representative for the pur2 poses of collective bargaining. 3


4 Act may be used to implement or enforce any rule amend5 ing parts 101, 102, and 103 of title 29, Code of Federal 6 Regulations (relating to the filing and processing of peti7 tions pursuant to the representation of employees for the 8 purposes of collective bargaining with their employer), in9 cluding the final rule published by the National Labor Re10 lations Board in the Federal Register on December 15, 11 2014 (79 Fed. Reg. 74308). 12

SEC. 409. (a) None of the funds made available by

13 this Act may be used to enforce the National Labor Rela14 tions Act (29 U.S.C. 152) against any Indian tribe, includ15 ing any enterprise or institution owned and operated by 16 an Indian tribe and located on its Indian lands. 17

(b) For purposes of this section—

18

(1) the term ‘‘Indian tribe’’ means any Indian

19

tribe, band, nation, pueblo, Native Alaskan group, or

20

other organized group or community which is recog-

21

nized as eligible for the special programs and serv-

22

ices provided by the United States to Indians be-

23

cause of their status as Indians;

24

(2) the term ‘‘Indian’’ means any individual

25

who is a member of an Indian tribe; and


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135 1

(3) the term ‘‘Indian lands’ ’’ means—

2

(A) all lands within the limits of any In-

3

dian reservation;

4

(B) any lands title to which is either held

5

in trust by the United States for the benefit of

6

any Indian tribe or individual or held by any

7

Indian tribe or individual subject to restriction

8

by the United States against alienation; and

9

(C) any lands in the State of Oklahoma

10

that are within the boundaries of a former res-

11

ervation (as defined by the Secretary of the In-

12

terior) of a federally recognized Indian tribe.

13


14 Act may be used to investigate, issue, enforce or litigate 15 any administrative directive, regulation, representation 16 issue or unfair labor practice proceeding or any other ad17 ministrative complaint, charge, claim or proceeding that 18 would change the interpretation or application of the 19 standard to determine whether entities are ‘‘joint employ20 ers’’ in effect as of January 1, 2014. 21

SEC. 411. None of the funds in this Act may be used

22 to implement, create, apply or enforce through prosecu23 tion, adjudication, rulemaking, or the issuing of any inter24 pretation, opinion, certification, decision or policy, any 25 standard for initial bargaining unit determinations that


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136 1 conflicts with the standard articulated in the majority 2 opinion in Wheeling Island Gaming Inc. and United Food 3 and Commercial Workers International Union, Local 23, 4 355 NLRB 127 (August 27, 2010) (including but not lim5 ited to the majority opinion in footnote 2), except for unit 6 determinations currently governed by section 103.30 of 7 title 34, Code of Federal Regulations for employers cur8 rently covered by such rules. Further, no funds in this 9 Act shall be used to implement, create, apply or enforce 10 through prosecution, adjudication, rulemaking, or the 11 issuing of any interpretation, opinion, certification, deci12 sion or policy, any standard for initial bargaining unit de13 terminations that utilize the overwhelming community of 14 interest test except in accretion cases. 15

NATIONAL MEDIATION BOARD

16


17

For expenses necessary to carry out the provisions

18 of the Railway Labor Act, including emergency boards ap19 pointed by the President, $13,300,000. 20

OCCUPATIONAL SAFETY

AND

HEALTH REVIEW

21

COMMISSION

22


23

For expenses necessary for the Occupational Safety

24 and Health Review Commission, $12,975,000.


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137 1

RAILROAD RETIREMENT BOARD

2

DUAL BENEFITS PAYMENTS ACCOUNT

3

For payment to the Dual Benefits Payments Ac-

4 count, authorized under section 15(d) of the Railroad Re5 tirement Act of 1974, $25,000,000, which shall include 6 amounts becoming available in fiscal year 2017 pursuant 7 to section 224(c)(1)(B) of Public Law 98–76; and in addi8 tion, an amount, not to exceed 2 percent of the amount 9 provided herein, shall be available proportional to the 10 amount by which the product of recipients and the average 11 benefit received exceeds the amount available for payment 12 of vested dual benefits: Provided, That the total amount 13 provided herein shall be credited in 12 approximately 14 equal amounts on the first day of each month in the fiscal 15 year. 16

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

17

ACCOUNTS

18

For payment to the accounts established in the

19 Treasury for the payment of benefits under the Railroad 20 Retirement Act for interest earned on unnegotiated 21 checks, $150,000, to remain available through September 22 30, 2018, which shall be the maximum amount available 23 for payment pursuant to section 417 of Public Law 98– 24 76.


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138 1

LIMITATION ON ADMINISTRATION

2

For necessary expenses for the Railroad Retirement

3 Board (‘‘Board’’) for administration of the Railroad Re4 tirement Act and the Railroad Unemployment Insurance 5 Act, $111,225,000, to be derived in such amounts as de6 termined by the Board from the railroad retirement ac7 counts and from moneys credited to the railroad unem8 ployment insurance administration fund: Provided, That 9 notwithstanding section 7(b)(9) of the Railroad Retire10 ment Act this limitation may be used to hire attorneys 11 only through the excepted service: Provided further, That 12 the previous proviso shall not change the status under 13 Federal employment laws of any attorney hired by the 14 Railroad Retirement Board prior to January 1, 2013. 15

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

16


17 General for audit, investigatory and review activities, as 18 authorized by the Inspector General Act of 1978, not more 19 than $8,437,000, to be derived from the railroad retire20 ment accounts and railroad unemployment insurance ac21 count. 22

SOCIAL SECURITY ADMINISTRATION

23

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

24

For payment to the Federal Old-Age and Survivors

25 Insurance Trust Fund and the Federal Disability Insur-


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139 1 ance Trust Fund, as provided under sections 201(m) and 2 1131(b)(2) of the Social Security Act, $11,400,000. 3

SUPPLEMENTAL SECURITY INCOME PROGRAM

4

For carrying out titles XI and XVI of the Social Se-

5 curity Act, section 401 of Public Law 92–603, section 212 6 of Public Law 93–66, as amended, and section 405 of 7 Public Law 95–216, including payment to the Social Secu8 rity trust funds for administrative expenses incurred pur9 suant to section 201(g)(1) of the Social Security Act, 10 $43,162,469,000, to remain available until expended: Pro11 vided, That any portion of the funds provided to a State 12 in the current fiscal year and not obligated by the State 13 during that year shall be returned to the Treasury: Pro14 vided further, That not more than $58,000,000 shall be 15 available for research and demonstrations under sections 16 1110, 1115, and 1144 of the Social Security Act, and re17 main available through September 30, 2019. 18

For making, after June 15 of the current fiscal year,

19 benefit payments to individuals under title XVI of the So20 cial Security Act, for unanticipated costs incurred for the 21 current fiscal year, such sums as may be necessary. 22

For making benefit payments under title XVI of the

23 Social Security Act for the first quarter of fiscal year 24 2018, $15,000,000,000, to remain available until ex25 pended.


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140 1

LIMITATION ON ADMINISTRATIVE EXPENSES

2

For necessary expenses, including the hire of two pas-

3 senger motor vehicles, and not to exceed $20,000 for offi4 cial reception and representation expenses, not more than 5 $10,348,945,000 may be expended, as authorized by sec6 tion 201(g)(1) of the Social Security Act, from any one 7 or all of the trust funds referred to in such section: Pro8 vided, That not less than $2,300,000 shall be for the So9 cial Security Advisory Board: Provided further, That unob10 ligated balances of funds provided under this paragraph 11 at the end of fiscal year 2017 not needed for fiscal year 12 2017 shall remain available until expended to invest in the 13 Social Security Administration information technology 14 and telecommunications hardware and software infra15 structure, including related equipment and administrative 16 expenses associated with information technology and tele17 communications infrastructure: Provided further, That the 18 Commissioner of Social Security shall notify the Commit19 tees on Appropriations of the House of Representatives 20 and the Senate prior to making unobligated balances 21 available under the authority in the previous proviso: Pro22 vided further, That reimbursement to the trust funds 23 under this heading for expenditures for official time for 24 employees of the Social Security Administration pursuant 25 to 5 U.S.C. 7131, and for facilities or support services


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141 1 for labor organizations pursuant to policies, regulations, 2 or procedures referred to in section 7135(b) of such title 3 shall be made by the Secretary of the Treasury, with inter4 est, from amounts in the general fund not otherwise ap5 propriated, as soon as possible after such expenditures are 6 made. 7

In addition, for the costs associated with continuing

8 disability reviews under titles II and XVI of the Social 9 Security Act, including work related continuing disability 10 reviews to determine whether earnings derived from serv11 ices demonstrate an individual’s ability to engage in sub12 stantial gainful activity for the cost associated with con13 ducting redeterminations of eligibility under title XVI of 14 the Social Security Act, for the cost of co-operative dis15 ability investigations units, and for the cost associated 16 with the Special Assistant United States Attorneys pro17 gram which helps prosecute fraud cases in the programs 18 and operations of the Social Security Administration, 19 $1,426,000,000 may be expended, as authorized by sec20 tion 201(g)(1) of the Social Security Act, from any one 21 or all of the trust funds referred to therein: Provided, 22 That, of such amount, $273,000,000 is provided to meet 23 the terms of section 251(b)(2)(B)(ii)(III) of the Balanced 24 Budget and Emergency Deficit Control Act of 1985, as 25 amended, and $1,153,000,000 is additional new budget


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142 1 authority specified for purposes of section 251(b)(2)(B) 2 of such Act: Provided further, That the Commissioner 3 shall provide to the Congress (at the conclusion of the fis4 cal year) a report on the obligation and expenditure of 5 these funds, similar to the reports that were required by 6 section 103(d)(2) of Public Law 104–121 for fiscal years 7 1996 through 2002. 8

In addition, $123,000,000 to be derived from admin-

9 istration fees in excess of $5.00 per supplementary pay10 ment collected pursuant to section 1616(d) of the Social 11 Security Act or section 212(b)(3) of Public Law 93–66, 12 which shall remain available until expended. To the extent 13 that the amounts collected pursuant to such sections in 14 fiscal year 2017 exceed $123,000,000, the amounts shall 15 be available in fiscal year 2018 only to the extent provided 16 in advance in appropriations Acts. 17

In addition, up to $1,000,000 to be derived from fees

18 collected pursuant to section 303(c) of the Social Security 19 Protection Act, which shall remain available until ex20 pended. 21


22


23


24 General in carrying out the provisions of the Inspector 25 General Act of 1978, $29,787,000, together with not to


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143 1 exceed $75,713,000, to be transferred and expended as 2 authorized by section 201(g)(1) of the Social Security Act 3 from the Federal Old-Age and Survivors Insurance Trust 4 Fund and the Federal Disability Insurance Trust Fund. 5

In addition, an amount not to exceed 3 percent of

6 the total provided in this appropriation may be transferred 7 from the ‘‘Limitation on Administrative Expenses’’, Social 8 Security Administration, to be merged with this account, 9 to be available for the time and purposes for which this 10 account is available: Provided, That notice of such trans11 fers shall be transmitted promptly to the Committees on 12 Appropriations of the House of Representatives and the 13 Senate at least 15 days in advance of any transfer. 14

TITLE V

15

GENERAL PROVISIONS

16

(TRANSFER OF FUNDS)

17

SEC. 501. The Secretaries of Labor, Health and

18 Human Services, and Education are authorized to transfer 19 unexpended balances of prior appropriations to accounts 20 corresponding to current appropriations provided in this 21 Act. Such transferred balances shall be used for the same 22 purpose, and for the same periods of time, for which they 23 were originally appropriated.


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144 1

SEC. 502. No part of any appropriation contained in

2 this Act shall remain available for obligation beyond the 3 current fiscal year unless expressly so provided herein. 4

SEC. 503. (a) No part of any appropriation contained

5 in this Act or transferred pursuant to section 4002 of 6 Public Law 111–148 shall be used, other than for normal 7 and recognized executive-legislative relationships, for pub8 licity or propaganda purposes, for the preparation, dis9 tribution, or use of any kit, pamphlet, booklet, publication, 10 electronic communication, radio, television, or video pres11 entation designed to support or defeat the enactment of 12 legislation before the Congress or any State or local legis13 lature or legislative body, except in presentation to the 14 Congress or any State or local legislature itself, or de15 signed to support or defeat any proposed or pending regu16 lation, administrative action, or order issued by the execu17 tive branch of any State or local government, except in 18 presentation to the executive branch of any State or local 19 government itself. 20

(b) No part of any appropriation contained in this

21 Act or transferred pursuant to section 4002 of Public Law 22 111–148 shall be used to pay the salary or expenses of 23 any grant or contract recipient, or agent acting for such 24 recipient, related to any activity designed to influence the 25 enactment of legislation, appropriations, regulation, ad-


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145 1 ministrative action, or Executive order proposed or pend2 ing before the Congress or any State government, State 3 legislature or local legislature or legislative body, other 4 than for normal and recognized executive-legislative rela5 tionships or participation by an agency or officer of a 6 State, local or tribal government in policymaking and ad7 ministrative processes within the executive branch of that 8 government. 9

(c) The prohibitions in subsections (a) and (b) shall

10 include any activity to advocate or promote any proposed, 11 pending or future Federal, State or local tax increase, or 12 any proposed, pending, or future requirement or restric13 tion on any legal consumer product, including its sale or 14 marketing, including but not limited to the advocacy or 15 promotion of gun control. 16

SEC. 504. The Secretaries of Labor and Education

17 are authorized to make available not to exceed $28,000 18 and $20,000, respectively, from funds available for sala19 ries and expenses under titles I and III, respectively, for 20 official reception and representation expenses; the Direc21 tor of the Federal Mediation and Conciliation Service is 22 authorized to make available for official reception and rep23 resentation expenses not to exceed $5,000 from the funds 24 available for ‘‘Federal Mediation and Conciliation Service, 25 Salaries and Expenses’’; and the Chairman of the Na-


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146 1 tional Mediation Board is authorized to make available for 2 official reception and representation expenses not to ex3 ceed $5,000 from funds available for ‘‘National Mediation 4 Board, Salaries and Expenses’’. 5

SEC. 505. When issuing statements, press releases,

6 requests for proposals, bid solicitations and other docu7 ments describing projects or programs funded in whole or 8 in part with Federal money, all grantees receiving Federal 9 funds included in this Act, including but not limited to 10 State and local governments and recipients of Federal re11 search grants, shall clearly state— 12

(1) the percentage of the total costs of the pro-

13

gram or project which will be financed with Federal

14

money;

15

(2) the dollar amount of Federal funds for the

16

project or program; and

17

(3) percentage and dollar amount of the total

18

costs of the project or program that will be financed

19

by non-governmental sources.

20

SEC. 506. (a) None of the funds appropriated in this

21 Act, and none of the funds in any trust fund to which 22 funds are appropriated in this Act, shall be expended for 23 any abortion. 24

(b) None of the funds appropriated in this Act, and

25 none of the funds in any trust fund to which funds are


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147 1 appropriated in this Act, shall be expended for health ben2 efits coverage that includes coverage of abortion. 3

(c) The term ‘‘health benefits coverage’’ means the

4 package of services covered by a managed care provider 5 or organization pursuant to a contract or other arrange6 ment. 7

SEC. 507. (a) The limitations established in the pre-

8 ceding section shall not apply to an abortion— 9

(1) if the pregnancy is the result of an act of

10

rape or incest; or

11

(2) in the case where a woman suffers from a

12

physical disorder, physical injury, or physical illness,

13

including

14

caused by or arising from the pregnancy itself, that

15

would, as certified by a physician, place the woman

16

in danger of death unless an abortion is performed.

17

(b) Nothing in the preceding section shall be con-

a

life-endangering

physical

condition

18 strued as prohibiting the expenditure by a State, locality, 19 entity, or private person of State, local, or private funds 20 (other than a State’s or locality’s contribution of Medicaid 21 matching funds). 22

(c) Nothing in the preceding section shall be con-

23 strued as restricting the ability of any managed care pro24 vider from offering abortion coverage or the ability of a 25 State or locality to contract separately with such a pro-


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148 1 vider for such coverage with State funds (other than a 2 State’s or locality’s contribution of Medicaid matching 3 funds). 4

(d)(1) None of the funds made available in this Act

5 may be made available to a Federal agency or program, 6 or to a State or local government, if such agency, program, 7 or government subjects any institutional or individual 8 health care entity to discrimination on the basis that the 9 health care entity does not provide, pay for, provide cov10 erage of, or refer for abortions. 11

(2) In this subsection, the term ‘‘health care entity’’

12 includes an individual physician or other health care pro13 fessional, a hospital, a provider-sponsored organization, a 14 health maintenance organization, a health insurance plan, 15 or any other kind of health care facility, organization, or 16 plan. 17

SEC. 508. (a) None of the funds made available in

18 this Act may be used for— 19

(1) the creation of a human embryo or embryos

20

for research purposes; or

21

(2) research in which a human embryo or em-

22

bryos are destroyed, discarded, or knowingly sub-

23

jected to risk of injury or death greater than that

24

allowed for research on fetuses in utero under 45


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149 1

CFR 46.204(b) and section 498(b) of the Public

2

Health Service Act (42 U.S.C. 289g(b)).

3

(b) For purposes of this section, the term ‘‘human

4 embryo or embryos’’ includes any organism, not protected 5 as a human subject under 45 CFR 46 as of the date of 6 the enactment of this Act, that is derived by fertilization, 7 parthenogenesis, cloning, or any other means from one or 8 more human gametes or human diploid cells. 9


10 this Act may be used for any activity that promotes the 11 legalization of any drug or other substance included in 12 schedule I of the schedules of controlled substances estab13 lished under section 202 of the Controlled Substances Act 14 except for normal and recognized executive-congressional 15 communications. 16

(b) The limitation in subsection (a) shall not apply

17 when there is significant medical evidence of a therapeutic 18 advantage to the use of such drug or other substance or 19 that federally sponsored clinical trials are being conducted 20 to determine therapeutic advantage. 21


22 Act may be used to promulgate or adopt any final stand23 ard under section 1173(b) of the Social Security Act pro24 viding for, or providing for the assignment of, a unique 25 health identifier for an individual (except in an individ-


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150 1 ual’s capacity as an employer or a health care provider), 2 until legislation is enacted specifically approving the 3 standard. 4


5 Act may be obligated or expended to enter into or renew 6 a contract with an entity if— 7

(1) such entity is otherwise a contractor with

8

the United States and is subject to the requirement

9

in 38 U.S.C. 4212(d) regarding submission of an

10

annual report to the Secretary of Labor concerning

11

employment of certain veterans; and

12

(2) such entity has not submitted a report as

13

required by that section for the most recent year for

14

which such requirement was applicable to such enti-

15

ty.

16


17 Act may be transferred to any department, agency, or in18 strumentality of the United States Government, except 19 pursuant to a transfer made by, or transfer authority pro20 vided in, this Act or any other appropriation Act. 21


22 Act to carry out the Library Services and Technology Act 23 may be made available to any library covered by para24 graph (1) of section 224(f) of such Act, as amended by 25 the Children’s Internet Protection Act, unless such library


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151 1 has made the certifications required by paragraph (4) of 2 such section. 3

SEC. 514. (a) None of the funds provided under this

4 Act, or provided under previous appropriations Acts to the 5 agencies funded by this Act that remain available for obli6 gation or expenditure in fiscal year 2017, or provided from 7 any accounts in the Treasury of the United States derived 8 by the collection of fees available to the agencies funded 9 by this Act, shall be available for obligation or expenditure 10 through a reprogramming of funds that— 11

(1) creates new programs;

12

(2) eliminates a program, project, or activity;

13

(3) increases funds or personnel by any means

14

for any project or activity for which funds have been

15

denied or restricted;

16

(4) relocates an office or employees;

17

(5) reorganizes or renames offices;

18

(6) reorganizes programs or activities; or

19

(7) contracts out or privatizes any functions or

20

activities presently performed by Federal employees;

21 unless the Committees on Appropriations of the House of 22 Representatives and the Senate are consulted 15 days in 23 advance of such reprogramming or of an announcement 24 of intent relating to such reprogramming, whichever oc-


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152 1 curs earlier, and are notified in writing 10 days in advance 2 of such reprogramming. 3

(b) None of the funds provided under this Act, or

4 provided under previous appropriations Acts to the agen5 cies funded by this Act that remain available for obligation 6 or expenditure in fiscal year 2017, or provided from any 7 accounts in the Treasury of the United States derived by 8 the collection of fees available to the agencies funded by 9 this Act, shall be available for obligation or expenditure 10 through a reprogramming of funds in excess of $500,000 11 or 10 percent, whichever is less, that— 12

(1) augments existing programs, projects (in-

13

cluding construction projects), or activities;

14

(2) reduces by 10 percent funding for any exist-

15

ing program, project, or activity, or numbers of per-

16

sonnel by 10 percent as approved by Congress; or

17

(3) results from any general savings from a re-

18

duction in personnel which would result in a change

19

in existing programs, activities, or projects as ap-

20

proved by Congress;

21 unless the Committees on Appropriations of the House of 22 Representatives and the Senate are consulted 15 days in 23 advance of such reprogramming or of an announcement 24 of intent relating to such reprogramming, whichever oc-


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153 1 curs earlier, and are notified in writing 10 days in advance 2 of such reprogramming. 3


4 this Act may be used to request that a candidate for ap5 pointment to a Federal scientific advisory committee dis6 close the political affiliation or voting history of the can7 didate or the position that the candidate holds with re8 spect to political issues not directly related to and nec9 essary for the work of the committee involved. 10

(b) None of the funds made available in this Act may

11 be used to disseminate information that is deliberately 12 false or misleading. 13

SEC. 516. Within 45 days of enactment of this Act,

14 each department and related agency funded through this 15 Act shall submit an operating plan that details at the pro16 gram, project, and activity level any funding allocations 17 for fiscal year 2017 that are different than those specified 18 in this Act, the accompanying detailed table in the com19 mittee report accompanying this Act, or the fiscal year 20 2017 budget request. 21

SEC. 517. The Secretaries of Labor, Health and

22 Human Services, and Education shall each prepare and 23 submit to the Committees on Appropriations of the House 24 of Representatives and the Senate a report on the number 25 and amount of contracts, grants, and cooperative agree-


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154 1 ments exceeding $500,000 in value and awarded by the 2 Department on a non-competitive basis during each quar3 ter of fiscal year 2017, but not to include grants awarded 4 on a formula basis or directed by law. Such report shall 5 include the name of the contractor or grantee, the amount 6 of funding, the governmental purpose, including a jus7 tification for issuing the award on a non-competitive basis. 8 Such report shall be transmitted to the Committees within 9 30 days after the end of the quarter for which the report 10 is submitted. 11


12 shall be expended or obligated by the Commissioner of So13 cial Security, for purposes of administering Social Security 14 benefit payments under title II of the Social Security Act, 15 to process any claim for credit for a quarter of coverage 16 based on work performed under a social security account 17 number that is not the claimant’s number and the per18 formance of such work under such number has formed the 19 basis for a conviction of the claimant of a violation of sec20 tion 208(a)(6) or (7) of the Social Security Act. 21


22 may be used by the Commissioner of Social Security or 23 the Social Security Administration to pay the compensa24 tion of employees of the Social Security Administration 25 to administer Social Security benefit payments, under any


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155 1 agreement between the United States and Mexico estab2 lishing totalization arrangements between the social secu3 rity system established by title II of the Social Security 4 Act and the social security system of Mexico, which would 5 not otherwise be payable but for such agreement. 6


7 this Act, no funds appropriated in this Act shall be used 8 to purchase sterile needles or syringes for the hypodermic 9 injection of any illegal drug: Provided, That such limita10 tion does not apply to the use of funds for elements of 11 a program other than making such purchases if the rel12 evant State or local health department, in consultation 13 with the Centers for Disease Control and Prevention, de14 termines that the State or local jurisdiction, as applicable, 15 is experiencing, or is at risk for, a significant increase in 16 hepatitis infections or an HIV outbreak due to injection 17 drug use, and such program is operating in accordance 18 with State and local law. 19


20 this Act may be used to maintain or establish a computer 21 network unless such network blocks the viewing, 22 downloading, and exchanging of pornography. 23

(b) Nothing in subsection (a) shall limit the use of

24 funds necessary for any Federal, State, tribal, or local law


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098


156 1 enforcement agency or any other entity carrying out crimi2 nal investigations, prosecution, or adjudication activities. 3

SEC. 522. None of the funds made available under

4 this or any other Act, or any prior Appropriations Act, 5 may be provided to the Association of Community Organi6 zations for Reform Now (ACORN), or any of its affiliates, 7 subsidiaries, allied organizations, or successors. 8

SEC. 523. For purposes of carrying out Executive

9 Order 13589, Office of Management and Budget Memo10 randum M–12–12 dated May 11, 2012, and requirements 11 contained in the annual appropriations bills relating to 12 conference attendance and expenditures: 13

(1) the operating divisions of HHS shall be con-

14

sidered independent agencies; and

15

(2) attendance at and support for scientific con-

16

ferences shall be tabulated separately from and not

17

included in agency totals.

18

SEC. 524. Federal agencies funded under this Act

19 shall clearly state within the text, audio, or video used for 20 advertising or educational purposes, including emails or 21 Internet postings, that the communication is printed, pub22 lished, or produced and disseminated at U.S. taxpayer ex23 pense. The funds used by a Federal agency to carry out 24 this requirement shall be derived from amounts made 25 available to the agency for advertising or other commu-


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157 1 nications regarding the programs and activities of the 2 agency. 3

SEC. 525. Not later than 30 days after the end of

4 each calendar quarter, beginning with the first quarter of 5 fiscal year 2013, the Departments of Labor, Health and 6 Human Services and Education and the Social Security 7 Administration shall provide the Committees on Appro8 priations of the House of Representatives and Senate a 9 quarterly report on the status of balances of appropria10 tions: Provided, That for balances that are unobligated 11 and uncommitted, committed, and obligated but unex12 pended, the quarterly reports shall separately identify the 13 amounts attributable to each source year of appropriation 14 (beginning with fiscal year 2012, or, to the extent feasible, 15 earlier fiscal years) from which balances were derived. 16


17 Act may be used to implement, administer, enforce, or fur18 ther any provision of Public Law 111–148 or title I or 19 subtitle B of title II of Public Law 111–152 and the 20 amendment made by such provision: Provided, That funds 21 in this Act may be used to implement, administer, enforce, 22 or further the rate setting process for calendar year 2017 23 and fiscal year 2018 for Medicare under title XVIII of 24 the Social Security Act: Provided further, That funds in 25 this Act may be used to implement, administer, enforce,


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158 1 or further the final rules for the provisions of (and amend2 ments made by) sections 2501(c), 2501(d), and 2503 of 3 Public Law 111–148, as amended by sections 1206(a) and 4 1101(c) of Public Law 111–152, insofar as each respective 5 rule relates to calendar year 2017. 6

(RESCISSION)

7

SEC. 527. Of the funds made available for fiscal year

8 2017 [for the Independent Payment Advisory Board] 9 under section 3403 of Public Law 111–148, $15,000,000 10 are rescinded. 11

(RESCISSION)

12

SEC. 528. Of the funds made available [for the Cen-

13 ter for Medicare & Medicaid Innovation] under section 14 3021(a) of Public Law 111–148, $7,000,000,000 is re15 scinded. 16

(RESCISSION)

17

SEC. 529. Of the funds made available for fiscal year

18 2017 [for the Patient-Centered Outcomes Research Trust 19 Fund] under section 6301(e) of Public Law 111–148, 20 $150,000,000 is rescinded. 21

(RESCISSION)

22

SEC. 530. Amounts deposited in the Child Enroll-

23 ment Contingency Fund from the appropriation to the 24 Fund for the first semi-annual allotment period for fiscal 25 year 2017 under section 2104(n)(2)(A)(ii) of the Social


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159 1 Security Act and the income derived from investment of 2 those funds pursuant to 2104(n)(2)(C) of that Act, shall 3 not be available for obligation in this fiscal year. 4

(RESCISSION)

5

SEC. 531. Of any available amounts appropriated

6 under section 108 of Public Law 111-3, as amended, 7 $541,900,000 are hereby rescinded. 8

(RESCISSION)

9

SEC. 532. Of the funds made available for purposes

10 of carrying out section 2105(a)(3) of the Social Security 11 Act, $195,640,000 are hereby rescinded. 12

SEC. 533. (a) SHORT TITLE.—This section may be

13 cited as the ‘‘Health Care Conscience Rights Act’’. 14

(b) FINDINGS.—Congress finds the following:

15

(1) As Thomas Jefferson declared to New Lon-

16

don Methodists in 1809, ‘‘[n]o provision in our Con-

17

stitution ought to be dearer to man than that which

18

protects the rights of conscience against the enter-

19

prises of the civil authority’’.

20

(2) Jefferson’s conviction on respect for con-

21

science is deeply embedded in the history and tradi-

22

tions of our Nation, and codified in numerous Fed-

23

eral laws approved by congressional majorities and

24

Presidents of both parties, including in the Public

25

Health Service Act; the United States Leadership


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160 1

Against HIV/AIDS, Tuberculosis, and Malaria Act;

2

the Religious Freedom Restoration Act; long-

3

standing provisions on respect for conscience rights

4

in the Federal Employees Health Benefits Program

5

and District of Columbia appropriations; and laws to

6

protect individuals from being forced to participate

7

in Federal executions or prosecutions.

8

(3) Following enactment of the Patient Protec-

9

tion and Affordable Care Act (Public Law 111–148,

10

in this section referred to as ‘‘PPACA’’), the Fed-

11

eral Government has sought to impose specific re-

12

quirements that infringe on the rights of conscience

13

of those who offer or purchase health coverage.

14

(4) While PPACA provides an exemption for

15

some religious groups that object to participation in

16

health insurance generally, and exempts millions of

17

Americans from most of the Act’s provisions, includ-

18

ing the preventive services mandate, it fails to pro-

19

vide statutory protection for those seeking to offer

20

and purchase health coverage who have a religious

21

or moral objection only to specific items or services.

22

(5) Nurses and other health care providers have

23

increasingly been subjected to discrimination for

24

abiding by their conscience rather than providing,

25

paying for, or referring for abortion.


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161 1

(6) Conscience rights protections for health care

2

providers are an important part of civil rights pro-

3

tections in Federal law and are indispensable to the

4

continued viability of the health care system in the

5

United States. The increasingly significant discrimi-

6

nation suffered by faith-based nonprofit health care

7

providers risks undermining access to high-quality

8

compassionate care for some of the most vulnerable

9

populations in our country.

10 11

(c) APPLYING LONGSTANDING POLICY SCIENCE

12

ON

CON-

RIGHTS TO THE AFFORDABLE CARE ACT.— (1) IN

GENERAL.—Title

I of the Patient Pro-

13

tection and Affordable Care Act (Public Law 111–

14

148) is amended—

15

(A) by redesignating the second section

16

1563 (relating to conforming amendments and

17

as redesignated by section 10107(b)(1) of the

18

Patient Protection and Affordable Care Act) as

19

section 1564;

20

(B) by redesignating the third section

21

1563 (relating to the Sense of the Senate pro-

22

moting fiscal responsibility) as section 1565;

23

and

24

(C) by adding at the end the following new

25

section:


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162 1

‘‘SEC. 1566. RESPECTING CONSCIENCE RIGHTS IN HEALTH

2

CARE COVERAGE.

3

‘‘(a) IN GENERAL.—Notwithstanding any other pro-

4 vision of this title, no provision of this title (and no amend5 ment made by any such provision) shall— 6

‘‘(1) require an individual to purchase indi-

7

vidual health insurance coverage that includes cov-

8

erage of an abortion or other item or service to

9

which such individual has a moral or religious objec-

10

tion, or prevent an issuer from offering or issuing,

11

to such individual, individual health insurance cov-

12

erage that excludes such item or service;

13

‘‘(2) require a sponsor (or, in the case of health

14

insurance coverage offered to students through an

15

institution of higher education, the institution of

16

higher education offering such coverage) to sponsor,

17

purchase, or provide any health benefits coverage or

18

group health plan that includes coverage of an abor-

19

tion or other item or service to which such sponsor

20

or institution, respectively, has a moral or religious

21

objection, or prevent an issuer from offering or

22

issuing to such sponsor or institution, respectively,

23

health insurance coverage that excludes such item or

24

service;

25

‘‘(3) require an issuer of health insurance cov-

26

erage or the sponsor of a group health plan to in-


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163 1

clude, in any such coverage or plan, coverage of an

2

abortion or other item or service to which such

3

issuer or sponsor has a moral or religious objection;

4

or

5

‘‘(4) authorize the imposition of a tax, penalty,

6

fee, fine, or other sanction, or the imposition of cov-

7

erage of the item or service to which there is a moral

8

or religious objection, in relation to health insurance

9

coverage or a group health plan that excludes an

10

item or service pursuant to this section.

11

‘‘(b) RESTRICTION

ON

CONTRARY GOVERNMENTAL

12 ACTION.—No provision in this title (or amendment made 13 by such provision) or law, regulation, guideline or other 14 governmental action that implements such provision or 15 amendment, or derives its authority therefrom, shall be 16 given legal effect to the extent that it violates this section. 17

‘‘(c) NO EFFECT

ON

OTHER LAWS.—Nothing in this

18 section shall be construed to preempt, modify, or otherwise 19 have any effect on— 20

‘‘(1) the Civil Rights Act of 1964;

21

‘‘(2) the Americans with Disabilities Act of

22

1990;

23

‘‘(3) the Pregnancy Discrimination Act of 1978;

24

‘‘(4) the Mental Health Parity Act of 1996; or


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164 1

‘‘(5) any other State or Federal law, other than

2

a provision in this title (or an amendment made by

3

such provision) or a law, regulation, guideline or

4

other governmental action that implements such pro-

5

vision or amendment or derives its authority there-

6

from.

7

‘‘(d) AGGREGATE ACTUARIAL VALUE.—Nothing in

8 this section shall be construed to prohibit the Secretary 9 from issuing regulations or other guidance to ensure that 10 health insurance coverage or group health plans excluding 11 abortion or other items or services under this section shall 12 have an aggregate actuarial value at least equivalent to 13 that of health insurance coverage or group health plans 14 at the same level of coverage that do not exclude such 15 items or services. 16 17

‘‘(e) CONTINUED APPLICATION TION

OF

NONDISCRIMINA-

RULES.—Nothing in this section shall be construed

18 to permit a health insurance issuer, group health plan, or 19 other health care provider to act in a manner inconsistent 20 with subparagraph (B) or (D) of section 1302(b)(4).’’. 21

(2) CLERICAL

AMENDMENT.—The

table of con-

22

tents of the Patient Protection and Affordable Care

23

Act (Public Law 111–148) is amended—

24

(A) by striking the following items: ‘‘1563. Conforming amendments. ‘‘1563. Sense of the Senate promoting fiscal responsibility.’’;


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165 1

and

2

(B) by inserting after the item relating to

3

the section 1563 relating to small business pro-

4

curement the following items: ‘‘1564. Conforming amendments. ‘‘1565. Sense of the Senate promoting fiscal responsibility. ‘‘1566. Respecting conscience rights in health coverage.’’.

5 6

(d) NONDISCRIMINATION VIDERS.—Section

FOR

HEALTH CARE PRO-

245 of the Public Health Service Act

7 (42 U.S.C. 238n) is amended— 8

(1) in the section heading, by striking ‘‘AND

9

LICENSING OF PHYSICIANS’’

and inserting ‘‘,

LI-

10

CENSING, AND PRACTICE OF PHYSICIANS AND

11

OTHER HEALTH CARE ENTITIES’’;

12

(2) in subsection (a), by amending paragraph

13

(1) to read as follows:

14

‘‘(1) the entity refuses—

15

‘‘(A) to undergo training in the perform-

16

ance of induced abortions;

17

‘‘(B) to require or provide such training;

18

‘‘(C) to perform, participate in, provide

19

coverage of, or pay for induced abortions; or

20

‘‘(D) to provide referrals for such training

21

or such abortions;’’;

22

(3) in subsection (b)(1), by striking ‘‘stand-

23

ards’’ and inserting ‘‘standard’’;


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166 1

(4) in subsection (c), by amending paragraphs

2

(1) and (2) to read as follows:

3

‘‘(1) The term ‘financial assistance’, with re-

4

spect to a government program, means governmental

5

payments to cover the cost of health care services or

6

benefits, or other Federal payments, grants, or loans

7

to promote or otherwise facilitate health-related ac-

8

tivities.

9

‘‘(2) The term ‘health care entity’ includes an

10

individual physician or other health professional, a

11

postgraduate physician training program, a partici-

12

pant in a program of training in the health profes-

13

sions, a hospital, a provider-sponsored organization

14

as defined in section 1855(d) of the Social Security

15

Act, a health maintenance organization, an account-

16

able care organization, an issuer of health insurance

17

coverage, any other kind of health care facility, orga-

18

nization, or plan, and an entity that provides or au-

19

thorizes referrals for health care services.’’;

20

(5) by adding at the end of subsection (c) the

21

following new paragraph:

22

‘‘(4) The term ‘State or local government that

23

receives Federal financial assistance’ includes any

24

agency or other governmental unit of a State or


21:01 Jul 05, 2016

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167 1

local government if such government receives Fed-

2

eral financial assistance.’’;

3

(6) by redesignating subsection (c) as sub-

4

section (d); and

5

(7) by inserting after subsection (b) the fol-

6

lowing new subsection:

7

‘‘(c) ADMINISTRATION.—The Secretary shall des-

8 ignate the Director of the Office for Civil Rights of the 9 Department of Health and Human Services— 10

‘‘(1) to receive complaints alleging a violation of

11

this section, section 1566 of the Patient Protection

12

and Affordable Care Act, or any of subsections (b)

13

through (e) of section 401 of the Health Programs

14

Extension Act of 1973; and

15

‘‘(2) to pursue the investigation of such com-

16

plaints, in coordination with the Attorney General.’’.

17

(e) REMEDIES

18

SCIENCE

FOR

VIOLATIONS

OF

FEDERAL CON-

LAWS.—Title II of the Public Health Service Act

19 (42 U.S.C. 202 et seq.) is amended by inserting after sec20 tion 245 the following: 21

‘‘SEC. 245A. CIVIL ACTION FOR CERTAIN VIOLATIONS.

22

‘‘(a) IN GENERAL.—A qualified party may, in a civil

23 action, obtain appropriate relief with regard to a des24 ignated violation. 25

‘‘(b) DEFINITIONS.—In this section—


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168 1

‘‘(1) the term ‘qualified party’ means—

2

‘‘(A) the Attorney General; or

3

‘‘(B) any person or entity adversely af-

4

fected by the designated violation; and

5

‘‘(2) the term ‘designated violation’ means an

6

actual or threatened violation of section 245 of this

7

Act, section 1566 of the Patient Protection and Af-

8

fordable Care Act, or any of subsections (b) through

9

(e) of section 401 of the Health Programs Extension

10

Act of 1973.

11

‘‘(c) ADMINISTRATIVE REMEDIES NOT REQUIRED.—

12 An action under this section may be commenced, and relief 13 may be granted, without regard to whether the party com14 mencing the action has sought or exhausted available ad15 ministrative remedies. 16

‘‘(d) DEFENDANTS

17

TION

18

AS

IN

ACTIONS UNDER THIS SEC-

MAY INCLUDE GOVERNMENTAL ENTITIES

AS

WELL

OTHERS.—

19

‘‘(1) IN

GENERAL.—An

action under this sec-

20

tion may be maintained against, among others, a

21

party that is a Federal or State governmental entity.

22

Relief in an action under this section may include

23

money damages even if the defendant is such a gov-

24

ernmental entity.


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169 1

‘‘(2) DEFINITION.—For the purposes of this

2

subsection, the term ‘State governmental entity’

3

means a State, a local government within a State,

4

or any agency or other governmental unit or author-

5

ity of a State or of such a local government.

6

‘‘(e) NATURE

OF

RELIEF.—The court shall grant—

7

‘‘(1) all necessary equitable and legal relief, in-

8

cluding, where appropriate, declaratory relief and

9

compensatory damages, to prevent the occurrence,

10

continuance, or repetition of the designated violation

11

and to compensate for losses resulting from the des-

12

ignated violation; and

13

‘‘(2) to a prevailing plaintiff, reasonable attor-

14

neys’ fees and litigation expenses as part of the

15

costs.’’.

16

SPENDING REDUCTION ACCOUNT

17

SEC. 534. The amount by which the applicable alloca-

18 tion of new budget authority made by the Committee on 19 Appropriations of the House of Representatives under sec20 tion 302(b) of the Congressional Budget Act of 1974 ex21 ceeds the amount of proposed new budget authority is $0. 22

This Act may be cited as the ‘‘Departments of Labor,

23 Health and Human Services, and Education, and Related 24 Agencies Appropriations Act, 2017’’.


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H. R. ll

Union Calendar No. ll

[FULL COMMITTEE PRINT] 114TH CONGRESS 2D SESSION

[Report No. 114–ll]

A BILL Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2017, and for other purposes.

098


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21:01 Jul 05, 2016

VerDate Nov 24 2008

, 2016 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

L:\VA\070516\A070516.004.xml July 5, 2016 (9:01 p.m.)

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